limiting copyright material

[Bigfish101]

I submitted for registration a few days ago a sculptural creation that hangs on a wall and I ll use this description that it is a broomstick with a dustpan attached to it. Now I want to submit for registration several other sculptures, these all have the dust pan just like the first sculpture but instead #2-3-4 that I want to register all have a different item. instead of the broomstick say a mop. Being that I have already submitted the first sculpture with the broom and dustpan is the dustpan considered to be prior registered. The dustpans are all the same size and shape only the part that is changing is the broom,mop,etc.The Copyright office in the online form asks if any part was registered prior to this filing
I hope I have explained this correctly thanks in advance

 

[quincy]

I submitted for registration a few days ago a sculptural creation that hangs on a wall and I ll use this description that it is a broomstick with a dustpan attached to it. Now I want to submit for registration several other sculptures, these all have the dust pan just like the first sculpture but instead #2-3-4 that I want to register all have a different item. instead of the broomstick say a mop. Being that I have already submitted the first sculpture with the broom and dustpan is the dustpan considered to be prior registered. The dustpans are all the same size and shape only the part that is changing is the broom,mop,etc.The Copyright office in the online form asks if any part was registered prior to this filing
I hope I have explained this correctly thanks in advance

What is the name of your state, Bigfish101?

 

[Bigfish101]

Florida

State of Florida

 

[quincy]

Thank you for providing your state name, Bigfish.

The sculpture you registered is considered your "underlying work" for the purposes of registering your "derivative" works. A derivative work is any work that is built on or has as its base a preexisting work.

Often when creating a work based on an existing work, permission is required from the author of the original work before the derivative can be made without infringing on the rights of the first author. Because you are making derivatives from your own work, this permission is, of course, not required. You are allowed as the artist of the first work to create derivatives of that work. Making derivatives is one of the bundle of exclusive rights given copyright holders.

The additions to the original work must be creative and original enough to be eligible for copyright protection because, when you file for registration on your new sculptures, you will be registering only the additional material. You will, however, need to identify the original work that you based your new sculptures on. You can identify the underlying work through its copyright registration number and you will be providing a brief description of the original material added to this underlying work.

Using your example, your original copyright covers your first sculpture - the broomstick with the dustpan. This is the underlying work. The other sculptures you create based on the broomstick and dustpan work can be registered and protection can (potentially) be afforded. In other words, the mop addition is what will be protected. You can only claim what is new. The original material will be disclaimed.

For more information, you can visit the Copyright Office and check out Section 101, Definitions, for the definition of "Derivatives." You can also check out Section 103, Subject matter of Copyright, for additional information on derivatives. And you can check out Circular 14, Copyright Registration of Derivatives. Here is a link to the Copyright Office: http://www.copyright.gov and here is a link to Copyright Circulars: http://copyright.gov/circs/

Good luck.

 

[Bigfish101]

Quincy Thank you ! I will look this up and finish my new submission for registration. 5 years ago I had three sculptures that were copied and I went to Federal court and won but because I failed to register these works I was unable to have full protection, attorney fee's etc. The company was in Haiti and produced 575,000 copies that sold for $149. each and then a Chinese company started producing them and I lost count around 2 million copies. The individual company I sued was a distributor and the courts final decision was in my favor and my copyrights were validated but I didn't receive any money for damages because of my not registering within I think its 90 days from authorship. Several large distributors still carry these pieces and it has had a negative effect on my work. These new works will be copied for sure as they will be very popular. I'm an artist and have been sculpting for 44 years now and do register anything that might be popular. Thanks again

 

[quincy]

Quincy Thank you ! I will look this up and finish my new submission for registration. 5 years ago I had three sculptures that were copied and I went to Federal court and won but because I failed to register these works I was unable to have full protection, attorney fee's etc. The company was in Haiti and produced 575,000 copies that sold for $149. each and then a Chinese company started producing them and I lost count around 2 million copies. The individual company I sued was a distributor and the courts final decision was in my favor and my copyrights were validated but I didn't receive any money for damages because of my not registering within I think its 90 days from authorship. Several large distributors still carry these pieces and it has had a negative effect on my work. These new works will be copied for sure as they will be very popular. I'm an artist and have been sculpting for 44 years now and do register anything that might be popular. Thanks again

You are smart to register all of your works. This provides the best protection for a copyrighted work and allows for an award of statutory damages to a copyright holder in the US with proof that the copyrighted work was infringed.

Most countries, however, do not have a statutory damages provision in their copyright laws like the US so it will often be losses by the copyright holder or profits by the infringer that will need to be proved in order to be awarded damages. And this is the case in the US, as well, when a work has not been federally registered in a timely manner (generally before infringement occurs). Gathering up proof of losses and profits can be difficult.

Winning a lawsuit is just one step (albeit a major one). You still need to collect any damages awarded after winning the suit, and this can be by far the most difficult step, especially in copyright infringement suits where the infringer lives outside the US.

In fact, most suits against foreign infringers will have to be filed in the infringer's home country under that country's copyright laws in order to have any effect on the infringer. This can make enforcing one's copyrights and pursuing an infringer a costly exercise and, depending on the value of the copyrighted work infringed, many times not worth the time, effort and money that must be expended in the pursuit. Many works are infringed and often a copyright holder cannot afford to do anything about it, which is an unfortunate reality.

That said, it is good that you are registering all of your sculptures. Your copyrights will be recognized in the majority of the countries of the world. I hope that your latest ones are as popular with the public as your other works have been, but without any infringers taking notice.