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The First Protection System from The Copyright Protection Agency (UK) Ltd

What is It?
A simple, easy to use and very effective way of protecting Copyright documents using the rules of evidence and the legal protection of the Copyright, Designs and Patents Act 1988

How Does it Work?
Copyright is simply “the right to copy”. To copy what? To copy creative work, usually defined as literary, dramatic and musical work but not restricted to these. Copyright can be applied to anything that is original or artistic. It is Copyright as soon as you commit the work to a fixed form, in other words as soon as you write it down, draw it or record it. The problem is and always has been, proving when you did it; that you created it first. So until you are ‘published’ and your ‘value’ rights are acknowledged through a contract you are exposed to potential plagiarism. The answer is to use the First Protection System.

First Protection System
The First Protection System by the Copyright Protection Agency provides irrefutable proof of possession of any fixed expression of an idea. This puts the originator in a very strong position if it should ever be necessary to prove first expression, when challenging or being challenged by someone either in court or over a negotiating table with lawyers present. The First Protection System works in the following way:

The Envelope
We provide you with a specifically designed envelope, which is tamperproof and includes a Warranty of Originality in which you place your “work”.You detach and keep your ‘Warranty of Originality’ – with the bar-code and half your signature on it.
Delivery
You send your envelope directly to the Vault by Registered Mail.
The Vault
The envelope is stored in the “Pickfords Records Management” document Storage Facility
Extraction
If anyone should ever challenge the fact that you were the originator and your ‘Warranty of Originality’ fails to satisfy them, or the Warranty and confirmation that the envelope with your bar-code is in fact in the vault (we will provide this) and has been since the date you claim, then you simply request extraction. Then we arrange delivery of the unopened envelope to an appropriately secure location, for example your solicitor and yourself – probably in the presence of your protagonist and their solicitor - or directly to the court.

Other Security Features which add to the overall integrity of the service:

1. Envelope

  • Tamperproof – untearable and glue sealed
  • Warranty of Originality retained by you as your “Title Deed” and owner evidence
  • Signed across the perforation joining the envelope and Warranty for future irrefutable matching
  • Individually bar-coded

2. Vault

  • Pickfords Records Management Facility in Edinburgh
  • Protected to BS5454 and ISO9000 standard covering Fire, Bomb and Flood
  • Bar-coded for filing and retrieval and providing a dated audit trail
  • Anonymous storage whilst in the vault – no one can identify or tamper with your work

3. Legal

  • Legal Opinion from top Scottish lawyers states that the First protection System provides high integrity and “Best Evidence” of possession and avoids the traditional challenges likely to be raised in Court.

What’s the Legal Position of the System?
The envelope is patented, so it has been passed as “inventive” and “unique” by Patent offices here, in Europe and in the USA. There are a number of solicitors as customers who’ve also recommended the service to their clients. There has been no legal court challenge and lawyers that we have spoken to agree that it does what it claims and the integrity is solid. We now receive customer referrals from Stationer’s Hall in London who handled Crown Copyright activities until 2000 when they stopped accepting new Registrations. The First Protection System works on the rules of evidence. You can prove each step of the process and produce an “audit trail” of very effective, “Best” evidence.

What’s the Level of protection?
Copyright is a gift of the State (UK). Copyright can also apply to the written embodiment of concepts or designs, which later go on to be protected by a Patent or a Trade mark. If you are the Copyright owner and can prove it, then the State allows you to take action against anyone who infringes your work. In the USA Copyright registration is a statutory prerequisite for filing suit there. In addition to the Copyright, Designs and Patents Act 1988 there is protection in a further 96 countries under the Berne Convention. So not only are you covered in the UK against infringement, but also in a further 96 countries who are signatures to the Berne Convention. However, before you can do that you must be able to prove that the work infringed is yours. The traditional way to prove this was to have the work “published” that is, printed in a magazine or newspaper or played on the radio or television. The danger period is between creation and publication.

For years, many people have posted their work to themselves by Recorded Delivery. Yes it’s evidence, but not the “Best Evidence”. The argument against this form of protection is that you could send Recorded Delivery envelopes that are not properly sealed. In addition, you are in possession of the Recorded Delivery envelope and you could be accused of altering the work inside. Another weak protection is the placing of copies of their work with their solicitor for safe-keeping. This too can be challenged. People have been advised to utilise these two methods as the only reasonably priced way of protecting their Copyright work - Until now!

What Does it Cost?
The safe storage of each envelope for a year is £65 including Vat. This covers all aspects of the system from the envelope itself, Warranty of Originality, storage in the secure vault and extraction when required. If you wish to extend your protection by leaving the envelope in the vault beyond the first year then the annual fee is £55 including vat.

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Copyright © 2002, Copyright Protection Agency 

 

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