Copyright Basics
© Pal Asija 2001
Like patents and trademarks, copyrights
are part of the intellectual property as contrasted form real property and
personal property, but unlike patents and trademarks which are under the executive
branch of theGovernment Copyrights are under the legislative (Library of
Congress) branch of the Government.
Unlike patent law independent creation is a complete defense to
copyright infringement.
The new copyright act of 1978 drastically
revised the old copyright act of 1909. In 1989
Copyright notice and registration though
not mandatory are highly recommended for a variety of reasons. The copyright notice consists of © + Name of the Author + Year of creation as shown
above for this essay on Copyright Basics.
In case of sound recordings © is
replaced by P in a circle (P). Both notices can be combined on an audio
cassette such as © (P) Pal Asija 2001. For optimum protection in African
countries it is also recommended that the phrase "All Rights
Reserved" be added.
The copyright is not a single right but a
bundle of rights including reproduction, distribution, display, preparation of derivative works and public performance etc.
This bundle varies from country to country.
That is why there is no such thing as an international copyright. But
most countries according to the international or bilateral treaties grant most
favored nation´ status to foreign authors that is they treat foreign authors
and copyright holders at least as well as their own nationals.
A copyright merely protects the expression
and not the idea expressed. It is
sometimes known as the Idea-Expression Dichotomy. It is akin to the
Idea-Embodiment-Expression trichotomy of the patent law. Thus no copyright or any other legal method
extends to protection of ideas per se. Utilitarian expression e.g.
appearance, shape, color combination and design of utilitarian 3D (three
dimensional) objects is protected by Design patents.
Any non-utilitarian expression is
copyrightable subject matter except short phrases and very simple forms with a
few lines and no writing or design on them.
However this utilitarian bar does not apply to writings and therefore
computer programs (at least the source code) are copyrightable subject matter.
The utilitarian defense (for example use of figurine as hammer) is however not
available to an infringer. Short
phrases, names devices and even slogan are subject to protection under state and federal trademark laws if used as
source indicators.
The Internet has introduced another
dimension of complexity to an already confusing and complex copyright law. There are basically two models of information
on the internet. First is the advertising model, where the website owners and
creators hope that you would not only
visit their site but tell others about it, copy it and distribute it freely to
the maximum extent, but unfortunately no body copies. The second is the proprietary model where
infringes very skillfully copy the ideas without copying the protect-able
expression.
Copyright laws are constantly being
revised and court decisions affect their interpretation. According to one such modification the copyright laws not
only protect the blue prints of architects but also the building or house
itself. In other words constructing a house identical to somebody else's design
or blueprints thereof constitutes
infringement of copyright even though strictly speaking you never made a copy of the blue prints on a
copying machine.
Copyright infringement issues can be quite
complex especially when compiling from
various sources on the Internet. Copyright law on the Internet is still
developing. One can easily cross the "Fair Use" limits without
realizing it. A License is often affordably and easily available through the
authors. A blanket license is also available for use of multiple sources
through organized agencies such as BMI (Broadcast Music Inc), ASCAP (American
Society of Composers and Performer) University Licensing and the like. In some cases there is even provision for
compulsory licensing through copyright
office royalty tribunal for cable and other copyrights in the public interest
policy.
A modicum of de ‘Minimus originality is
also required. Original in this context
means "owes its origin" to the author. According to the U S Supreme
Court Feist decision this originality is satisfied in the layout of the yellow
pages of the phone book but not the white pages. Thus
Three things are needed for copyright
registration. Proper form (TX for Text or other literary work, SR for Sound
Recordings, VA for visual arts, PA for performing arts etc) , Filing fee
(currently $30/) and appropriate deposit of
1 copy of unpublished work or two if published. Like the 1040 EZ internal revenue
service tax form there is also a short
form TX for registering literary works
for "Do-It-Yourself" authors.
The copyright office forms hotline is 202-707-9100 Their mailing address is simply Register of
Copyrights, Library of congress,
Do not confuse the copyright registration
number with the Library of Congress Catalog Card number and ISSN –
International Standard Serial Numbering system, all three controlled by the
copyright office with the private ISBN
–International Standard Book Numbering System for which further information is
available from R.R. Bowker c/o
Martindale-Hubbell, 121 Chanion Road , New Providence, NJ. 07974 PH:
1-908-665-6770
Caveat: Now you know enough to be
dangerous. Please do not rely on or apply this information to your situation
without consulting with your attorney first, but before suing somebody for
copyright infringement make sure that the aspect protected and aspect infringed
match, otherwise the only person who will get rich is your lawyer. Some fringe
organizations such as the LPF (League for Programming Freedom) openly advocate
elimination of copyrights for computer programs. They believe in copy right and
left to suit their pocketbooks, not that they are too happy about software
patents either.