Intellectual Property Insights from Fishman Stewart
Mini Article – Volume 23, Issue 2
Share on Social
Public Service Annoucement: No. Mailing Something to Yourself is Not a Substitute for Copyright Registration or a Patent.
A common intellectual property “urban legend” is that mailing something to yourself is legally equivalent to a copyright registration or a patent. This practice is often called the “Poor Man’s Copyright” or “Poor Man’s Patent” and the idea has been around for a long time.
The theory is that mailing a copy of a work or invention to yourself will provide you with certain legal rights akin to a copyright registration or a patent so long as the envelope remains sealed and bears a postmark by the United States Postal Service. Another variation of this theory is that documenting the work or invention and having the document notarized will grant similar legal protection.
There is no provision under U.S. law that supports these theories, and they are not a substitute for registration with the U.S. Copyright Office or obtaining a patent with the U.S. Patent and Trademark Office. A mailed or notarized copy may be evidence that a work or invention was in your possession on a certain date, but it does not prove that you hold the rights to the work or invention.
Thus, if you’re thinking about mailing something to yourself about your work or invention, whatever value might result from such a tactic may not be worth the cost of the stamp.
Kristyn Webb is the Group Leader of Fishman Stewart’s Copyright Practice Group, and is currently earning a Master’s Degree in Copyright Law at King’s College London.
Published January 25, 2023
Related Content from Fishman Stewart
"May the 4th Be With You," also known as Star Wars Day, takes place annually on May 4th. The phrase is a pun on the iconic Star Wars catchphrase "May the Force be with you."
First, a big “thank you” to all our readers who have given feedback on our newsletter. We appreciate your interest and insights. It is always a treat to hear from you! Second, we wanted to provide you with updates on some of our most popular articles
“Palworld”— a computer game created and published by Japanese developer Pocket Pair. Released as an early access game in January 2024, it sold over seven million copies on the computer platform Steam in the first five days and had nearly 20 million players in the first two weeks.
This year’s Super Bowl featured a thrilling overtime victory for the Kansas City Chiefs over the San Francisco 49ers. With estimates as high as 123 million viewers, America's premier sporting event also serves as a grand stage for creativity and intellectual property protections that enhance the game’s success.
Valentine’s Day is just around the corner and jewelry sales are usually around $6 billion USD in the United States alone. In 2021, the US Customs and Border Protection agency seized over $1 billion USD worth of counterfeit pieces of jewelry.
Detroit Lions In Copyright Dispute Over Barry Sanders Statue
Fish Tank: Newsletter Volume 24, Issue 3
This season marked many ‘firsts’ for the Lions including unveiling the first statue at Ford Field immortalizing a former Lion: Barry Sanders. However, some may not consider the Sanders statue a clear ‘win’ for the Detroit Lions franchise.
A few years ago, the Copyright Office received a large number of requests from Twilight fans who wanted to get a peek at the registered and unpublished manuscript of Stephanie Meyer’s Forever Dawn.
Demetrious Polychron was a big fan of The Lord of the Rings books by author J.R.R. Tolkien, which described the world of Middle Earth where Hobbits, Elves, Dwarves, Wizards, and other creatures engage in an epic battle of good and evil involving a ring with magical powers.
Public Domain Day is celebrated on January 1st and commemorates the expiration of copyright protection for certain creative works.
Taylor Swift has had an incredible 2023. Her “Eras Tour” has been a massive success, becoming one of the most profitable tours for an artist of all time. The release of the concert film of the tour became the highest-grossing concert film of all time.
IDENTIFYING, SECURING AND ADVANCING CREATIVITY®
