A Little Clarification
I had to jump in here on this "poor man's copyright" issue.
It is true that there is no provision for this method of copyright protection in the U.S. Code.
However, what every post on this topic seems to miss is that under the current U.S. copyright law (which would apply to anything currently written), copyright exists automatically the "moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device." In other words, registration is
not required to own a copyright.
According to the U.S. Copyright Office's FAQ:
Do I have to register with your office to be protected?
No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work.
That is not entirely accurate. If you wish to bring a
federal lawsuit for copyright infringement, your work must be registered.
Nonetheless, the fact remains - and it is important to remember - that copyright is automatic when your writing is completed and fixed in a tangible form. That's it. Period. Done.
If that is the case, then what is the purpose of copyright registration? Well, first, as mentioned in the U.S. Copyright Office's FAQ, you cannot bring a federal copyright infringement lawsuit until your work is registered with the U.S. Copyright Office. That's a pretty big benefit.
The second thing is that it establishes a date on which we are certain that the work was completed. Since a copyright application requires the author to submit at least one complete copy of the work, we know that at least as early as the date of filing, the work was complete and the copyright was
automatically created.
Thus, since anyone considering the "poor man's copyright" is presumably looking to save money (copyright registration is only $45.00), I doubt that you're going to be in a financial position to launch a federal copyright infringement suit anyway.
I'm am certain that there are struggling writers for whom the $45 is a hardship. Since the copyright is created automatically, the "poor man's copyright" is not creating copyright rights. What it is doing, however, is establishing a presumption (providing some form of evidence) that the work was in existence and completed at least as early as the date indicated on the USPS's postmark. It serves, to some degree, the same purpose as copyright registration - to establish a certain fixed date on which we know the work was complete.
Sure, it's possible that someone could "[t]ake a blank envelope and write your own address on it. DO NOT SEAL THE ENVELOPE. Mail the envelope to yourself. In a December 2010, when a new big hit movie comes out, pick up a copy of the script, scan it into your screenwriting software, change some stuff around, print it and put it into the envelope with the January 2008 date and THEN seal it."
No evidence is ever flawless. However, if someone tried to proceed in the manner described above, presumably there would be other evidence that would reveal that scam. You could also seal the envelope's opening with paper tape over which the postmark could be stamped.
I'm not saying you shouldn't try to register your work with the U.S. Copyright Office. Not at all. If fact, if you can, I would recommend it. However, if you don't have the $45 to spare or you need some kind of evidence of authorship really quickly (to get a copyright registration would take several months), using the "poor man's copyright" can provide some evidence of ownership or some evidence of the date on which something was created.
Again, it's not perfect, but in the right situation, it's worth the $5.00 postage. Remember: copyright is created automatically and a copyright registration and a postmark is only evidence showing a date on which we know the work was completed.