At 8/25/05 05:50 PM, Denvish wrote:
The thing is, if it comes to a court case, it's not good enough just having copyright. You have to have proof that the copyright on the game is yours, otherwise you don't have a leg to stand on. I don't know the ins and outs of the law, but in the case of internet publishing (in this instance, NG), I would imagine that so long as you could prove that you were the only person with access to the account that submitted the Flash on a date prior to the 'stealing', you'd probably be OK.
But with something like music, you have no proof that you wrote or recorded a song until you take some action such as taking a tape to a lawyer, or emailing it to yourself recorded delivery, which gives you a definitive date that proves you are the author.
I don't know, has this berne thing ever been thrown out in a court of law? Because I can't see it standing up if there's no actual proof of authorship besides it.
Well copyright law is far from being a flawless system. Every country has its own laws as well as those layed down by the berne convention. Even so, there are hundreds of court cases round the world every day contesting copyright issues.
It is a horribly complex system of law but still cannont cover every possible copyright situation, and that is what judges are for.
But still, proving that you are creator or composer of any work (including musical) is not that hard. If you expect that someone might steal you work, publish a simple page on your site containing the lyrics and sheet music, with a date. Also put dates into any sound files you have for download, that would help a lot.
If someone wants to steal it and say they are the composer, you can take them to court. You have pretty strong evidence already, and possibly witnesses too. But basically any method that proves dates is good. Having your voice in (dated)recordings would also be great proof.
If the person steals it and voilates your rights as owner and creator within the country that you live in, (uk?) for example, burning cd's or playing your songs at a live gig, and they DO NOT do anything international (internet is always international) then they are only subject to your countries internal copyright laws, which I do not know.
Anyway, copyright law is trying to keep up with the evolution of the internet, but it will be blurry on emerging technologies for quite some time.
I hope I answered the question and didn't just rant.