Freelancers and private individuals are under a misconception that they have copyright protection if they put their work in an envelope and mail it back to themselves. The idea behind this misconception is that the postmark on the envelope proves the date the work was created; thus, establishing the person as the first one to create it.
Unfortunately, this form of a poor man’s copyright offers little to no protection and most creative works are left up for public grabs until proper protection is put into place.
Copyright Registration Is Not Required
While mailing your work to yourself does not necessarily protect it, your work is still protected under U.S. copyright laws the moment it becomes tangible, such as a printed manuscript, recording, etc. But, without registration you do not have proof that you were the original creator of that work. By registering with the U.S. Copyright Office through your copyright attorney, you have the valid copyright protection. Also, if you want to sue for infringement and get the maximum rewarded damages, you need to have a registered copyright.
Proving You Were the First Person
The poor man’s copyright method is not a valid way to prove you were the first to create a piece of tangible work. The U.S. court systems do not recognize mailing yourself a copy as a copyright registration, because there is no proof the works were actually mailed in the envelope – after all, you could take any old envelope and stuff the work into it.
How a Copyright Attorney Can Help
While you may be tempted to rely on the poor man’s copyright, it is in your best interest to hire an attorney. An attorney can help you register your copyright – proving you were the first person to create it – and help represent your case if you need to sue someone for infringement. The only way to guarantee protection of your work is through a copyright – don’t rely on the common poor man’s misconceptions.
San Antonio Biz Law 