Copyright and Intellectual Property Information for Webmasters at utmem - Bookmark?
"It is estimated that by 2007, as much as 90% of the value of the world's top 2000 enterprises will consist of intellectual property" (PriceWaterhouseCoopers, 2003).
Copyright online resources.
A history of copyright
A history of copyright - A history of copyright. Quote from this page: "It was not until the 1709 Statute of Anne which passed into law on 10th April 1710 that copyright in books and other writings gained protection of an Act of Parliament. Prior to this, disputes over the rights to the publishing of books could be enforced by common law.
The scholars of Ancient Greece and the Roman Empire were the first to be concerned about being recognised as the authors of their works, but they did not have any economic rights. It was not until the invention of printing in the late fifteenth century that a form of copyright protection was devised. Until then, the copying of a manuscript was a painstakingly slow process done mainly by monks. It was limited to copying religious works for orders and the royal courts of Europe. The majority of people were illiterate; only privileged members of society had access to these manuscripts."
The page goes on to give a synopsis of the development of copyright law with specific referral to; INTERNATIONAL COPYRIGHT ACT 1886 AND THE BERNE CONVENTION, COPYRIGHT ACT 1911 and the COPYRIGHT ACT 1956.
10 Big Myths about copyright explained
10 Big Myths about copyright explained - 10 Big Myths about copyright explained. An attempt to answer common myths about copyright seen on the net and cover issues related to copyright and USENET/Internet publication. - by Brad Templeton Quote from this page: "1) "If it doesn't have a copyright notice, it's not copyrighted."
This was true in the past, but today almost all major nations follow the Berne copyright convention. For example, in the USA, almost everything created privately and originally after April 1, 1989 is copyrighted and protected whether it has a notice or not. The default you should assume for other people's works is that they are copyrighted and may not be copied unless you know otherwise. There are some old works that lost protection without notice, but frankly you should not risk it unless you know for sure.
It is true that a notice strengthens the protection, by warning people, and by allowing one to get more and different damages, but it is not necessary. If it looks copyrighted, you should assume it is. This applies to pictures, too. You may not scan pictures from magazines and post them to the net, and if you come upon something unknown, you shouldn't post that either.
The correct form for a notice is:
"Copyright [dates] by [author/owner]""
U.S. Copyright Office
U.S. Copyright Office, Copyright Basics - U.S. Copyright Office, Copyright Basics Quote from this page: "WHAT IS COPYRIGHT? Copyright is a form of protection provided by the laws of the United States (title 17, U.S. Code) to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. Section 106 of the 1976 Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following: To reproduce the work in copies or phonorecords; To prepare derivative works based upon the work; To distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending; To perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works; To display the copyrighted work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work; and In the case of sound recordings, to perform the work publicly by means of a digital audio transmission."
U.S. Copyright Office Home Page
U.S. Copyright Office Home Page - U.S. Copyright Office Home Page. Lots of information about Copyright including how to register a copyright and how to search copyright records. Plus copyright publications.
A brief intro to copyright - by Brad Templeton
A brief intro to copyright - by Brad Templeton - A brief intro to copyright - by Brad Templeton. An introduction to copyright and in particular, copyright as it relates to the web. Quote from this page: "This document is here because many people read my original article on copyright myths without knowing very much about what copyright is to begin with. This article is not about to teach you all about copyright, though there are some decent sites out there with lots of details, including:
U.S. Library of Congress copyright site.
Australian Copyright Site.
Canadian Copyright Info.
The Copyright Website by Benedict O' Mahoney, another lawyer I've worked with.
Copyright law secures for the creator of a creative effort the exclusive right to control who can make copies, or make works derived from the original work. There are a lot of subtleties and international variations but that's the gist of it. If you create something, and it fits the definition of a creative work, you get to control who can make copies of it and how they make copies, with some important exceptions.
You can also sell or licence this right, or, if you do the work for somebody who hired you to do it, they buy this right in advance."
iBiblio Copyright and License Issues
iBiblio Copyright and License Issues - iBiblio Copyright and License Issues. Nicolas Pioch explains the Web Museum's License Agreement. Quote from this page: "Differences in Copyright Laws across countries are an inextricable mess
Copyright laws vary in time, duration and geographies. Due to these local and timely variations, a capital point of the WebMuseum License Agreement is that we make it the sole responsibility of the visitor (You) to ensure copyright compliance with your local laws in your country or jurisdiction.
Worse, recent history has just proven that what is public domain today may have "copyright restored" tomorrow: in 1996, signature of the Uruguay Round treaty by the USA restored copyright in the USA on artworks that were in the public domain already!
Here's an example: Paul Klee died in 1940, so his artwork fell in the public domain in Canada, Japan, Australia, the Russian Federation... in 1990 (50 years post-mortem) is still copyrighted in the European Community until 2010 (70 years post-mortem)"
Copyright laws around the world
Copyright laws around the world - Copyright laws around the world is a review of legislation from the Web Museum in Paris. It asks and attempts to answer the question: "Who owns the Copyright?" Quote from this page: "In other words, when someone photographs a painting of Van Gogh in a museum, producing a picture that is indistinguishable from other photographs of the same work, this cannot be considered an original art creation: it is precisely requested that the photographer annihilate his own personality to only mirror the artist's own personality and reflect the artwork with maximum fidelity through the photograph. Thus, the photographer does not hold any copyright on the picture itself."
Copyright Basics FAQ
Copyright and Fair Use Overview - Copyright and Fair Use Overview gives a good introduction to the basics of copyright law and fair use in the United States of America. The FAQ asks and explains the following questions: What types of creative work does copyright protect? Does copyright protect an author's creative ideas? How long does a copyright last? and Is the Work Published?
Copyright in Australia
Copyright in Australia - Copyright in Australia gives an overview of copyright laws relating to original art work. Quote from this page: (Answers to questions that were put to Ian McDonald, Legal Officer, Australian Copyright Council, on 22nd November 1996) "SCENARIO TWO: We wish to copy two-dimensional artworks from an illustrated book published in 1995. All the illustrations are photographs of originals, and all the originals are by artists who have been dead for over 50 years:
May we publish the resultant digitized image? - yes;
May we charge people who want to copy it onto their own computers? - yes;"
COPYRIGHTS AND OTHER RIGHTS IN PHOTOGRAPHIC IMAGES
COPYRIGHTS AND OTHER RIGHTS IN PHOTOGRAPHIC IMAGES - COPYRIGHTS AND OTHER RIGHTS IN PHOTOGRAPHIC IMAGES is an online copyright article by Jeremy Rowe and addresses the copyright issues surrounding the use of photographic images. headings include: The Image Market, Copyright and Ownership, How copyright Affects Photographic Researchers and Recommendations. Quote from this page: "The control of photographs and other visual resources is a vital issue for both private and public collections. The questions and issues related to who "owns" the rights to use and reproduce photographs are complex and can vary significantly depending on acquisition circumstances, age of the image, provenance, status of the previous "owner" and a number of other variables. Physical ownership, copyright and reproduction rights coexist in a continually shifting legal and technological environment. As the market for images continues to grow, it is important to understand the rapidly changing environment in which researchers, collectors, curators, and publishers must work."
Opposing Copyright Extension
Opposing Copyright Extension - Opposing Copyright Extension is a resource to help protect your rights to the great works in the public domain. Quote from this page: "On October 7, 1998, both the House and the Senate passed S. 505, the "Sonny Bono Copyright Term Extension Act" (CTEA), extending the already-too-long term of copyright protection by another 20 years. The legislation purports to cover even works already in existence -- a windfall gift to special interests of what rightfully belongs to the public. President Bill Clinton, a self-proclaimed supporter of the little guy, signed the bill on October 27, 1998. Like the Congress, former President Clinton sold out the interests of the American people to a few owners of valuable copyrights from the 1920's and 1930's. On January 15, 2003, the United States Supreme Court essentially disavowed its institutional obligation to interpret the Constitution to maintain the system of checks and balances set up by the Founding Fathers. This web site shows how and why the congressional action and the Supreme Court's affirmance of it are tragic mistakes.
This site also contains materials on the law and policy of longer copyright terms generally in the hope that, when this issue arises again (as it will, now that the Supreme Court has given Congress a carte blanche with respect to copyright, around the year 2015 or so), those seeking to defend the public interest will have some ammunition."
Library User's Guide, Copyright, University of Northern Iowa, Rod Library
Library User's Guide, Copyright, University of Northern Iowa, Rod Library - Library User's Guide, Copyright, University of Northern Iowa, Rod Library. Quote from this page: "WHAT IS COPYRIGHT? The U.S. Federal Copyright Law is encompassed in Title 17 of the United States Code. The original law was passed in 1790 and has been revised several times since in an effort to clarify how copyright law applies to advances in technologies such as photocopy machines, VCR's, and computers, which were not foreseen at the time the initial law was passed. The courts have also played an important role in interpreting copyright principles. Article I, Section 8, Clause 8 of the United States Constitution gives Congress the power "to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries." Hence, the basic function of copyright is to promote creativity by assigning rights to creators which protect their work while at the same time facilitating public access to the copyrighted works."
Library Digitization Projects and Copyright
Library Digitization Projects and Copyright - Library Digitization Projects and Copyright. Quote from this page: "The only way we'll know whether it's okay to digitize works and put them on the web using a FAIR USE argument is if a library does so, gets sued and wins. Or loses. And the Appeals process concludes one way or the other. At least we'd know. Even then, unless the court is expansive in its narrative, the decision could apply only to the circumstances in a particular case."
Copyright FAQs - A UK Government site that has pages answering the following copyright questions; What is copyright? What is protected by copyright? What are the economic rights of copyright owners? How do I protect my copyrights? How long does copyright last? Who owns copyright? How can I enforce copyright? Are there any exceptions to copyright? How can I obtain permission to use copyright material? How do I get copyright protection in other countries?
This site is a useful starting point for copyright research. Also has pages relating to; Patents FAQs, Trade Mark FAQs, Design FAQs, Other IP rights.
Fun Copyright Questions
Fun Copyright Questions Fun Copyright Questions - Quote from this page: "What are some older works that would have been under copyright "forever" if an earlier CTEA had extended terms shortly after their publication?
What works might never have been created if their authors couldn't draw from a rich public domain?
Can we find out how much revenue from films American producers get from films copyrighted in 1923-33? book publishers?
How many publishers were there in America in 1790? What percentage of the population was that?"
What is Copyright Protection?
What is Copyright Protection? What is Copyright Protection? - Quote from this page: "This page covers the basic definitions regarding copyrights. It has been written using the Berne Union for the Protection of Literary and Artistic Property (Berne Convention) as the main bibliographical source, and does not refer to the laws of any country in particular. Therefore, comparing this document to the particular laws of your country may arise in discrepancies. However, copyright laws vary from country to country but as a rule do not contravene or provide less copyright protection than the Berne Convention, provided the country in question is a member thereof."
What is Copyright Protection?
U.S. Code collection, COPYRIGHTS U.S. Code collection, COPYRIGHTS - Cornell Law School site that has usefull detailed copyright information. Chapters of information include: subject matter and scope of copyright, copyright ownership and transfer, duration of copyright, copyright notice, deposit, and registration, copyright infringement and remedies, manufacturing requirements and importation, copyright office, proceedings by copyright royalty judges, protection of semiconductor chip products, digital audio recording devices and media, sound recordings and music videos, copyright protection and management systems, AND protection of original designs.
The Purpose of copyright by Lydia Pallas Loren
The Purpose of Copyright by Lydia Pallas Loren - Quote from this page: "The newspaper you read this morning, the television show you watched last night, the movie you are going to see this weekend, the computer software you use to prepare your letters or send your email, the music you listen to in the car on your way to work: they are all copyrighted. Copyright permeates our lives and yet, despite its impact on our lives, relatively few people, including lawyers, have sufficient knowledge or understanding of what copyright is. And far too many people, including lawyers, have major misconceptions concerning copyright. These misconceptions are causing a dangerous shift in copyright protection, a shift that threatens the advancement of knowledge and learning in this country. This shift that we are experiencing in copyright law reflects a move away from viewing copyright as a monopoly that the public is willing to tolerate in order to encourage innovation and creation of new works to viewing copyright as a significant asset to this country's economy. The most recent example of this shift is the new Digital Millennium Copyright Act, sign by the President on October 28, 1998."
Should Auld Copyrights Be Forgot
Should Auld Copyrights Be Forgot - Opposing Copyright Extension, Commentary on the Public Domain, Should Auld Copyrights Be Forgot by Sam Williams. Discussion on the how and why of the Frank Capra films' "It's a Wonderful Life" journey into and out of the public domain.
Copyright - US Copyright Office - Copyright - US Copyright Office - Quote from this page: "Welcome to the U.S. Copyright Office - Welcome to the U.S. Copyright Office. We in the Copyright Office are proud to be part of a long tradition of promoting progress of the arts and protection for the works of authors. Our homepage has been created with the desire to serve the copyright community of creators and users, as well as the general public. Here you will find all our key publications, including informational circulars; application forms for Copyright registration; links to the Copyright law and to the homepages of other Copyright-related organizations; a link to our online Copyright records cataloged since 1978; news of what the Office is doing, including business process reengineering plans, Congressional testimony, and press releases; our latest regulations; and much more. We hope you will find what you are looking for here and perhaps learn something new. Our goal is to provide the best public service and the best quality product. We welcome your comments."
Flowchart for determining when US copyrights in fixed works expire and enter the Public Domain
Flowchart for determining when U.S. Copyrights in fixed works expire and enter the Public Domain - Flowchart for determining when US copyrightss in fixed works expire and enter the Public Domain. An excellent visual representation that allows the tracking of when a fixed work enters the public domain in the United States.
The UK Patent Office Copyright Definition
The UK Patent Office Copyright Definition - The UK Patent Office Copyright Definition. Useful UK page that defines Copyright. Quote from this page: "What is Copyright? Before you go any further you need to know that there is no official register for copyright. It is an unregistered right (unlike patents, registered designs or trade marks). So, there is no official action to take, (no application to make, forms to fill in or fees to pay). Copyright comes into effect immediately, as soon as something that can be protected is created and "fixed" in some way, eg on paper, on film, via sound recording, as an electronic record on the internet, etc. It is a good idea for you to mark your copyright work with the copyright symbol © followed by your name and the date, to warn others against copying it, but it is not legally necessary in the UK."
"For what avail the plough or sail, or land or life, if freedom fail?" - Ralph Waldo Emerson