bts@sas.UUCP (Brian T. Schellenberger) (02/29/88)
Just in case you want to know the definitive story:
``The notice consists of three parts: the symbol (c), the year in
which the [work] is published, and the name of the copyright owner.
(The [U.S.] law permits the word *Copyright* or the abbreviation
*Copr.* to be used instead of C-in-a-circle symbol, but since the
symbol suits the requirements of the Universal Copyright Convention,
to which the United States and most European contries belong, it is
greatly to be preferred. There is no point in using both symbol and
word, as some publishers do.) In addition, most publishers add to
the notice the phrase ``All rights reserved,'' as this expression
assures protection for the book under the Buenoes Aires Convention,
to which the United States and most Latin American countries belong.
``For any work published with a notice of copyright the law requires
the copyright holder to send two copies to the Copyright Office . . .
The deposit is to made within three months of publication, and no fee
is required. Failure to make the required deposit does not forfeit
rights under the law . . .''
A few points:
1. I am not sure whether (c) is really a valid substitute for C-in-a-circle,
so this may be a good reason to use ``Copyright (c) 1988 . . .'' Maybe
an expert on the International Copyright Convention could fill us in.
Is it even clear whether this is usable for software?
2. Since there is no penalty for not sending in the copies (unless, as the
quote says later, specifically asked to by the Registar of Copyrights),
there is no real reason to bother. Perhaps a lawyer could tell use why
they bother making something ``illegal'' but giving it no penalty.
3. You can get extra protection in an infringement suit by registering
your work when sending copies if you want to.
4. Posting an item to the net or any other public forum would seem to meet
the legal definition of ``publishing,'' but again perhaps more of an
expert could fill us in.
5. I have directed followups to comp.misc. I can't see what any of this
has to do with operating systems, and the distribution is surely too
wide.
--
--Brian.
(Brian T. Schellenberger) ...!mcnc!rti!sas!bts
DISCLAIMER: Whereas Brian Schellenberger (hereinafter "the party of the first ray@ole.UUCP (Ray Berry) (05/06/89)
OK, so now that I finally have managed to write a program that is worthy of being sold, the question of copyrighting it comes up. Specifically, how do I find out if the name I have in mind is already taken, and, if not, how do I register my program? Any and all comments appreciated. -- Ray Berry KB7HT uucp: ...uw-beaver!sumax!quick!ole!ray CS 73407,3152 Seattle Silicon Corp. 3075 112th Ave NE. Bellevue WA 98004 (206) 828 4422
Howard.Spindel@busker.FIDONET.ORG (Howard Spindel) (05/08/89)
From: ray@ole.UUCP (Ray Berry) Date: 5 May 89 22:01:44 GMT Organization: Seattle Silicon Corp., Bellevue, WA. Message-ID: <616@ole.UUCP> Newsgroups: comp.sys.ibm.pc > OK, so now that I finally have managed to write a program that is > worthy > f being sold, the question of copyrighting it comes up. Specifically, > how > I find out if the name I have in mind is already taken, and, if not, how > o I register my program? Any and all comments appreciated. > Don't know how to find out if the name is in use, but to copyright your program call your local government information office and ask to get a copy of Form TX. It will cost you 10 dollars to copyright a program. -- Howard Spindel - via FidoNet node 1:105/14 UUCP: ...!{uunet!oresoft, tektronix!reed}!busker!Howard.Spindel ARPA: Howard.Spindel@busker.FIDONET.ORG
rlb@cs.odu.edu (Robert Lee Bailey) (05/12/89)
In article <606.2467C5AD@busker.FIDONET.ORG> Howard.Spindel@busker.FIDONET.ORG (Howard Spindel) writes: >> worthy >> f being sold, the question of copyrighting it comes up. Specifically, >> how >> I find out if the name I have in mind is already taken, and, if not, how >> o I register my program? Any and all comments appreciated. >> >Don't know how to find out if the name is in use, but to copyright your >program call your local government information office and ask to get a >copy of Form TX. It will cost you 10 dollars to copyright a program. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ Wrong. It does not cost anything to copyright a program. In fact, no form is required to copyright a program. Technically, a program or any other written material is copyrighted at the moment that it is created. The author has only to include a LEGAL copyright notice in the work. > I don't have my copyright info at hand but I believe that a notice must be of the form: Copyright 1989, John Doe Authors should note that the common computer usage of (c) 1989 is NOT a legal copyright notice. The common misconception is that (c) can be substituted for the CIRCLED C. The circled C is acceptable as a substitute for the word "copyright". But, I'm off the original topic now. Form TX and the 10 dollar fee is for REGISTRATION of an author's copyright, not for the actual copyright itself. Copyright registration is simply a tool that an author can use to defend his ownership of the work in the event of copyright infringement.
prem@crackle.amd.com (Prem Sobel) (05/13/89)
In article <8876@xanth.cs.odu.edu> rlb@cs.odu.edu (Robert Lee Bailey) writes: >>copy of Form TX. It will cost you 10 dollars to copyright a program. > ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ >Wrong. It does not cost anything to copyright a program. In fact, no It gives more defensable protection though. >I don't have my copyright info at hand but I believe that a notice must >be of the form: > Copyright 1989, John Doe Any if you want to be covered in South America you have to add the line: "All right reserved" according to our corporate lawyer. Prem
madd@bu-cs.BU.EDU (Jim Frost) (05/15/89)
In article <606.2467C5AD@busker.FIDONET.ORG> Howard.Spindel@busker.FIDONET.ORG (Howard Spindel) writes: |>the question of copyrighting it comes up. | |to copyright your |program call your local government information office and ask to get a |copy of Form TX. It will cost you 10 dollars to copyright a program. Copyrights are automatic; you need only insert a message: Copyright [insert year here] [insert name here] and your program is copyrighted. It is also recommended that you add the message "All Rights Reserved", which is necessary in some countries and gives you greater protection. Registering your copyright makes prosecution easier and gives treble damages (I believe). Additionally, you may register your copyright up to five years after copyrighting the program, although I recommend doing it immediately if you're going to bother doing it at all. Note: (C) or (c) are not valid although a lot of people (myself included) often include them in addition to the copyright message. Thus: (c) Copyright 1989 Jim Frost is valid, but: (c) 1989 Jim Frost is not. Happy hacking, jim frost madd@bu-it.bu.edu
weaver@spdcc.COM (Read Weaver) (05/15/89)
According to _Chicago Manual of Style_ (13): Registration, it should be noted, is not necessary to "obtain" a copyright (which exists in the work from the moment it is created) or to assure its validity, but responsible publishers seldom publish without registering copyright because of the added protection registration affords. Unlike the copyright notice, registration puts on public record the exact details of a copyright claim. In cases of infringement registration is a prerequisite to bringing suit, and if registration has been made within three months of publication, or before the alleged infringement, the copyright owner, instead of going through the difficulties of proving actual damages, can sue for statutory damages--and for attorney's fees as well. This is important because actual damages are likely to be pretty small (in addition to being difficult to prove). Statutory damages mean you don't have to show you've lost money because of the infringement: the infringement *itself* is sufficient to incur penalty. Perhaps I should add that Chicago13 is from 1982, and that the U.S. copyright law is from 1976, so recent case law may have more to say on this. And that the above passage primarily concerns text, and not specifically software.