Correct me if I'm wrong but things are copyrighted by default, being the creator the owner of the copyright. Unlicensed == copyrighted and therefore not free(libre).
The symbol it's about being explicit about who owns the copyright. The owner of the copyright can then decide which license to use. Or not use any. But choosing not to license doesn't make you lose the copyright nor makes the creation free(libre).
The US govt thinks otherwise. They insist that only by registering a copyright can you protect your work in court. Any 'poor mans copyright' techniques are never useful in court.
That's not true. Registering the copyright allows you to sue over it (but you don't have to register immediately, just before you sue!). Also, registration prior to infringement allows recovery of statutory damages (e.g. big $$$).
But don't take my word for it, listen to the federal government:
"Copyright protection subsists from the time the work is created in fixed form. The copyright in the work of authorship immediately becomes the property of the author who created the work. ... The way in which copyright protection is secured is frequently
misunderstood. No publication or registration or other action
in the Copyright Office is required to secure copyright. See the
following note. There are, however, certain definite advantages
to registration. See Copyright Registration on page 7"
"Registered works may be eligible for statutory damages and attorney's fees in successful litigation. Finally, if registration occurs within five years of publication, it is considered prima facie evidence in a court of law"
I think you may be misreading that clause. What they are saying is that if the works are registered, you may be able to sue for statutory damages in addition or instead of compensatory damages. This does not mean if the works are not registered, you cannot pursue legal claims, merely that you're limited to compensatory damages. Likewise, they are not saying you cannot prove that you own the copyright unless they are registered, merely that copyright registration effectively shifts the burden of proof.
Hm. The fictitious 'actual status' might be less interesting than the actual legal standing, right? I'd follow my lawyer's advice on this one (register early).
Ok, I'm from EU.
Then unlicensed == copyrighted is not true everywhere,
but we can agree that unlicensed != free(libre), right ?
I might be simplifying here. :)
