Poor man's copyright

Poor man's copyright refers to the method of using registered dating by the postal service, a notary public or other highly trusted source to date intellectual property, thereby helping to establish that the material has been in one's possession since a particular time. It is particularly useful for individuals without the resource to avail themself copyright through normal channels.

The concept is based on the notion that, in the event that such intellectual property were to be misused by a third party, the "poor-man's copyright" would at least establish a legally-recognized date of possession before any proof which a third party may possess.

The PMC was originally used by authors who sent copies of their own work to themselves through the mail without opening the envelopes, in the hope that it would grant them legal protection - by establishing a date at which the work was created.

Use of this method "may" not hold up in a court - as it is simple for individuals to pre-send envelopes which can then be used later by placing the actual IP materials inside. [ [http://www.copyrightauthority.com/poor-mans-copyright/ Poor Man's Copyright] ]

Modern Methods

As most documents are created electronically in the modern world, the electronic timestamp would be a far superior proof of ownership. The point of principle of PMC (old or modern) is that it should cost nothing or at most the price of a few stamps.

Presumably, collecting several timestamps, within say a 24hr period, would increase the authority of any claim.

Nowadays, one could for example compute a cryptographic hash function from a data file such as a text document, an image or an MP3 file etc. Write this down with indelible ink, and have a notary public such as an Member of Parliament (M.P) to verify and date the resulting document. Alternatively, one could create a proof of priority by writing to a trusted organisation e.g. Inland Revenue or a Government department with the hash code as a reference. Any returning letter would automatically have your hash added, be timestamped, and additionally almost certainly with any email or internal electronic document electronically stored on their servers or backup systems.

The hash could also be printed out multiple times on a postcard (also with hash on back of stamp) - then sent to one's self to gain postal service timestamp. This has the benefit of avoiding the 'unopened envelope' flaws.

Somewhat exotically, one could publish the hash in a newspaper (perhaps as an advert or lonely hearts column - which are usually free) or other trusted journal.

Western Europe

In countries with no central copyright registration authority, it can be difficult for an author to prove when their work was created. The Dutch government's copyright website notes that one can help demonstrate ownership of copyright by "send [ing] yourself a copy of the work (or, for example, a photo thereof) in a sealed envelope, and keep it sealed upon receipt. Be sure that there is a date stamped on the envelope." One can also deposit a copy with the taxation bureau or a notary for the same purpose. [ [http://www.auteursrecht.nl/auteursrecht/pagina.asp?pagnaam=faq#bewijs_auteursrecht Auteursrecht - FAQ ] ]

The United Kingdom Patent Office says this:

... it may help copyright owners to deposit a copy of their work with a bank or solicitor or send a copy of their work to themselves by special delivery (which gives a clear date stamp on the envelope), leaving the envelope unopened on its return; this could establish that the work existed at this time. (Further details of special delivery should be available at Post Offices)."

(Please note that it says "may" help and "could" establish)

The Poor Man's Copyright can actually be traced back to a Rich Man's Patent.

"Preserve, also, the envelope of this letter—postmark ought to be good evidence of the date of this great humanizing and civilizing invention."

Wrote author Mark Twain to his brother Orion regarding his invention "Mark Twain's Self Pasting Scrapbook" on August 11, 1872.

Flaws

Without some form of confirmation that the documents were inside before mailing a poor man's copyright can be easily faked. It is possible to mail an open envelope to oneself, seal a document inside on a later date, and claim copyright on that document.

There is no provision in the copyright law regarding any such type of protection. Poor man's copyright is therefore not a substitute for registration.

References

See also

* Copyright registration

= Further reading =
* [http://www.copyright.gov/ US Copyright Office]
* [http://strategis.gc.ca/sc_mrksv/cipo/welcome/welcom-e.html Canadian Intellectual Property Office]
* [http://www.patent.gov.uk UK Patent Office]
* [http://www.templetons.com/brad/copymyths.html Popular Copyright Myths]
* [http://www.copyrightservice.co.uk/copyright/copyright_myths 10 Common Copyright Myths]
* [http://www.mntechlaw.com/copyright.html Common Copyright Myths and Misconceptions]