[comp.sys.amiga] Copyrights

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 

conca@handel.cs.colostate.edu (michael vincen conca) (03/13/90)

A while back there was a discussion about copyrights and what happens when
a company goes out of business.

I talked to one of the Political Science profs here, and this is what he said:

Basically, a copyright is treated just like property.  It can be bought, sold,
inherited, traded, etc.  When a company goes under, the copyright is considered
part of the assests.  If the company was leasing the copyright from the 
author, the author still holds the copyright.  If the company owns the copy-
right and goes bankrupt, the bank takes control of the copyright.  After
this, it depends a lot on the bank and some state laws.  Anyway, no matter
what the case, the copyright is STILL IN EFFECT.  Only on rare occassions will
a piece of software become public domain after the company that produced it
folds.

Unfortunately, I forgot to ask him how long the copyright is in effect...

						 -Mike

-=*=--=*=--=*=--=*=--=*=--=*=--=*=--=*=--=*=--=*=--=*=--=*=--=*=--=*=--=*=-
Mike Conca, Computer Science Dept.   *  conca@handel.cs.colostate.edu
Colorado State University            *  conca@129.82.102.32                   
             "Computer Science - It Really Isn't"

papa@pollux.usc.edu (Marco Papa) (03/13/90)

In article <5229@ccncsu.ColoState.EDU> conca@handel.cs.colostate.edu (michael vincen conca) writes:
>Unfortunately, I forgot to ask him how long the copyright is in effect...

Copyright protection lasts for the life of the author plus 50 years.  Is that
lomg enough? :-)

-- Marco
-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
"Xerox sues somebody for copying?" -- David Letterman
-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=

jacurtis@rodan.acs.syr.edu (Jeff Curtis) (03/13/90)

In article <5229@ccncsu.ColoState.EDU> conca@handel.cs.colostate.edu (michael vincen conca) writes:
>
>Unfortunately, I forgot to ask him how long the copyright is in effect...

     iThe length of a copyright depends on who owns i.  If the e author holds a
copyright on his program, it lasts the duration of his life plus 50 years.
When it is considered a work for hire (that is when a corporation holds the
copyright) it lasts 75 years after publication or 100 years after creation of
the program whichever comes first.  
	

Jeff Curtis
   
internet: jacurtis@rodan.acs.syr.edu

cmcmanis@stpeter.Sun.COM (Chuck McManis) (03/14/90)

In article <5229@ccncsu.ColoState.EDU> (michael vincen conca) writes:
>Basically, a copyright is treated just like property.  ...
> ...When a company goes under, the copyright is considered
>part of the assests.  

Mike is right on the money here, however, I noticed two companies that
have gone out of business and *not* included the copyrights they held
as assets. Part of the procedure for filing for bankruptcy is to list
all your assets, and while creditors try to make sure every possible
asset is listed, sometimes they either miss software copyrights or
don't bother thinking them worthless. (What does a bank want with the 
copyright to WhizCalc?) It is unclear what happens when the company
is liquidated and one or more of its assets are left unsold. 

Side Note : One of the more interesting things to do here in Silicon Valley
is to go to liquidation auctions. Hi tech businesses are starting up and
failing all the time and that lends it self to a healthy used equipment
business. I've been to three and never seen a copyright come up for auction.


--Chuck McManis
uucp: {anywhere}!sun!cmcmanis   BIX: cmcmanis  Internet: cmcmanis@Eng.Sun.COM
These opinions are my own and no one elses, but you knew that didn't you.
"If it didn't have bones in it, it wouldn't be crunchy now would it?!"

jones@uv4.eglin.af.mil (Calvin Jones, III) (03/16/90)

From: Andy Hartman <sl195091@silver.ucs.indiana.edu>

>           ... Anyhow, A friend
> loaned me a copy of his ORIGINAL a-max disk.  (his back-up)  He didn't
> want to give me his mac drive tho.  First, is this a violation of
> copyright laws?  I'm not copying it, just borowing a copy.  

But your friend has made a copy that is *NOT* being used for archival 
backup purposes.  He has violated the copyright laws.  You are an 
accessory after the fact since you are using the copy.

> Also, my
> original question... can I use this with out a mac drive?  I want to use
> it (not just see it) before I consider buying it.  If anyone can give me
> any info, it would be appreciated.  If I have to wait until after Spring
> Break, so be it.  I just wanted to use it this week. thanks in advance, 
> Andy

If you really want to determine if it will meet your requirements, do 
the testing on your friends machine. 

   --- Cal
   //  Cal Jones - Internet:  <Jones@UV4.Eglin.AF.Mil>
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