[comp.sources.d] How to Copyright

srp@ethz.UUCP (03/22/87)

[line eater fodder]

Hello,
	I have a group of source programs that I would like to copyright.
How does one normally go about this? What sort of details apply if I work
for a University? Any pointers would be appreciated. Thanks.


-- 
-----------

Scott Presnell  Swiss Federal Institute of Technology (ETH-Zentrum)
		Department of Organic Chemistry
		Universitaetsstrasse 16
		CH-8092 Zurich Switzerland.

uucp:		...seismo!mcvax!cernvax!ethz!srp     (srp@ethz.uucp)
earn/bitnet:	Benner@CZHETH5A

samlb@well.UUCP (03/24/87)

In article <42@ethz.UUCP> srp@ethz.UUCP (Scott Presnell) writes:
>How does one normally go about this? What sort of details apply if I work
>for a University? Any pointers would be appreciated. Thanks.

	To copyright _anything_, include the following string in the text:

		Copyright <year> <Your Name>
		All rights reserved.

this establishes a copytight in the U.S. and all countries which have signed
the International Copyright treaties, as well as the South American copyright
treaties.
	Next, skip one line, and outline any permissions or restrictions that
you want to impose on distribution in clear English || German || French || the
language of your choice.
	That's it.

	As to working for a University, you'd have to check with the lawyers
that work there about contractual restrictions -- there is no general body
of law on that, as there is in copyright matters.
-- 
Sam'l Bassett, Self-Employed Writer -- My words & ideas are my own!
34 Oakland Ave., San Anselmo  CA  94960;  (415) 454-7282
UUCP:  {...known world...}!hplabs OR ptsfa OR lll-crg!well!samlb;
Compuserve:  71735,1776;  WU Easylink ESL 6284-3034;  MCI SBassett

reid@decwrl.UUCP (03/25/87)

Please keep in mind that the person who posted the "How to Copyright"
question lives in Switzerland. Copyright mechanisms vary from nation to
nation, and not every country honors every other country's copyright laws. 
If the question is "How to Copyright in Switzerland", the answer is likely to
be quite different from "How to Copyright in the USA".

madd@bucsb.bu.edu.UUCP (03/26/87)

In article <8788@decwrl.DEC.COM> reid@decwrl.UUCP (Brian Reid) writes:
>
>Please keep in mind that the person who posted the "How to Copyright"
>question lives in Switzerland. Copyright mechanisms vary from nation to
>nation, and not every country honors every other country's copyright laws. 
>If the question is "How to Copyright in Switzerland", the answer is likely to
>be quite different from "How to Copyright in the USA".

I missed the original article I guess, but how to copyright in the US
is easy.  First, it is perfectly legal to just put a notice on your
stuff (programs and/of literature) that says either:

	Copyright <person> <date>
or
	(c) <date> <person>

Actually, the order of <date> and <person> probably doesn't matter,
but either of the above is fine.

While the law says that just putting the notice in an obvious place
constitutes copyright, it's "more" legally binding to fill out a
form and file it with the government.  The form is form TX and is
available from the Library of Congress.  When I asked them for one,
they sent me about five copies and LOTS of literature on the copyright
laws and what they mean.  It costs about $10 to filethe form.  I guess
the form is just used to "prove" that the program was made by you when
you said it was.  This would definitely help in court, so I suggest
filing a form if you're worried about it.

If you don't file the form, you can do so at a later date.  This is
useful because you can file for the copyright when and if you might
need the documentation.  I have no idea why this is the case, but
that's what the documentation said.

If you need more info on copyrights, call your local library and ask.
You might also look up books on copyrighting, which is what I did.

%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
          Jim Frost * The Madd Hacker | UUCP: ..!harvard!bu-cs!bucsb!madd
  H H                                 | ARPA:           madd@bucsb.bu.edu
H-C-C-OH <- heehee          +---------+----------------------------------
  H H                       | "We are strangers in a world we never made"

cdaf@iuvax.UUCP (03/26/87)

In article <865@bucsb.bu.edu.UUCP> madd@bucsb.bu.edu.UUCP (Jim "Jack" Frost) writes:
>
>I missed the original article I guess, but how to copyright in the US
>is easy.  First, it is perfectly legal to just put a notice on your
>stuff (programs and/of literature) that says either:
>
>	Copyright <person> <date>
>or
>	(c) <date> <person>
>
>Actually, the order of <date> and <person> probably doesn't matter,
>but either of the above is fine.

Actually, the second is NOT accepatable according to the information sent
by the copyright office.  They make a big deal about either spelling it
out: "copyright" or placing the letter "C" with a FULL circle around it
on the work to be copyrighted.  the "c" in parenthases is explicitly
stated as being unacceptable.  You can, however use
"Copyright (c) <name> date", as long as "copyright is spelled out.

-charles

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samlb@well.UUCP (03/26/87)

	The point of international copyright conventions and the treaties
which establish them is to make the process the _same_ in all countries.
	As a writer, I've been through this one . . .
-- 
Sam'l Bassett, Self-Employed Writer -- My words & ideas are my own!
34 Oakland Ave., San Anselmo  CA  94960;  (415) 454-7282
UUCP:  {...known world...}!hplabs OR ptsfa OR lll-crg!well!samlb;
Compuserve:  71735,1776;  WU Easylink ESL 6284-3034;  MCI SBassett

mason@gargoyle.UUCP (03/27/87)

In article <865@bucsb.bu.edu.UUCP> madd@bucsb.bu.edu.UUCP (Jim "Jack" Frost) writes:
>In article <8788@decwrl.DEC.COM> reid@decwrl.UUCP (Brian Reid) writes:
>>
>>Please keep in mind that the person who posted the "How to Copyright"
>>question lives in Switzerland. Copyright mechanisms vary from nation to
>>nation, and not every country honors every other country's copyright laws. 
>>If the question is "How to Copyright in Switzerland", the answer is likely to
>>be quite different from "How to Copyright in the USA".
>
>I missed the original article I guess, but how to copyright in the US
>is easy.  First, it is perfectly legal to just put a notice on your
>stuff (programs and/of literature) that says either:
>
>	Copyright <person> <date>
>or
>	(c) <date> <person>
>
>Actually, the order of <date> and <person> probably doesn't matter,
>but either of the above is fine.
>
>While the law says that just putting the notice in an obvious place
>constitutes copyright, it's "more" legally binding to fill out a
>form and file it with the government.  The form is form TX and is
>available from the Library of Congress.  When I asked them for one,
>they sent me about five copies and LOTS of literature on the copyright
>laws and what they mean.  It costs about $10 to filethe form.  I guess
>the form is just used to "prove" that the program was made by you when
>you said it was.  This would definitely help in court, so I suggest
>filing a form if you're worried about it.
>
Note:

1. There was, last time I heard, question as to whether or not (C) was a
legitimate copyright symbol.  The stuff I read said "don't use it."

2. You also want the line "All Rights Reserved" on there for some South
American countries (Pan-American Copyright stuff, I think...) where otherwise
they can do strange things with it.

3. Form TX is the correct form.  You must file the first and last 50 pages of
source code, and the fee is $10.  The difference between filed and unfiled
copyrights are in collectable damages.  If it is registered, damages are
trebled (just like anti-trust) while if it isn't, they aren't.  You can file
any time, but violations prior to filing are not treble damage, while
violations after are.

An interesting side-effect of the first/last 50 page rule is that you can
file a 20,000 page program, get copyright protection and yet still maintain
trade secret stuff (the other 19,900 pages).

Although some of this stuff changes (mostly in court precedents) the basic
framework is in the 1976 and 1980 copyright acts.

To the best of my knowledge the above is correct.  I am not an attorney and
if you REALLY have something valuable, I suggest you contact one.  The few
hundred dollars it will cost will give you an education in copyright law.
Also, there are a few good books.  Check your local computer bookstore.

Tony Mason
Univ. of Chicago, Dept. of C.S.
mason@anubis.uchicago.edu

kjm@dg_rtp.UUCP (03/27/87)

In article <865@bucsb.bu.edu.UUCP> madd@bucsb.bu.edu.UUCP (Jim "Jack" Frost) writes:
>I missed the original article I guess, but how to copyright in the US
>is easy.  First, it is perfectly legal to just put a notice on your
>stuff (programs and/of literature) that says either:
>
>	Copyright <person> <date>
>or
>	(c) <date> <person>
>
>Actually, the order of <date> and <person> probably doesn't matter,
>but either of the above is fine.
It is not sufficient to use the (c) marker; this is not not NOT equivalent 
to the c-in-a-circle symbol (or so I've been told; it seems that a recent 
copyright case decided that something was not adequately protected by the (c)
marker). To be safe, use the entire word "copyright", along with the name
of the copyright holder and the year the work was copyrighted.

According to the 1978 law, a work is copyrighted the instant it is created,
but use of the "copyright" marker and filing with the Library of Congress
give the owner greater and greater protection in the eyes of the courts.
It's a good idea to file with the LoC if you plan to publish anything 
professionally; the "copyright" approach is best for rough drafts, in-house
notes, etc.)
-- 
-------------------------------------------------------------------
Kevin J. Maroney
...!mcnc!rti-sel!dg_rtp!kjm
DISCLAIMER: Data General will disavow all knowledge of my existence.
CARTHAGO DELENDA EST

gemini@homxb.UUCP (03/28/87)

Write to the Copyright Office, Library of Congress, Wash., DC 20559.
Ask for Circular R61.  To quote:

	"The Notice for visually perceptible copies should contain
	all of the following three elements:

	1. The symbol (the letter C in a circle), or the word "Copyright",
	   or the abbreviation "Copr."

	2. The year of first publication of the work.

	3. The name of the owner of the copyright in the work, or an
	   abbreviation by which the name can be recognized, or a
	   generally known alternative designation of the owner."

Rick Richardson, PC Research, Inc: (201) 922-1134  ..!ihnp4!castor!pcrat!rick
	         when at AT&T-CPL: (201) 834-1378  ..!ihnp4!castor!pollux!rer

glee@cognos.UUCP (Godfrey Lee) (03/29/87)

Just a warning:

(c) <year> <person>

is not legal copyright. It has to be a real circle with a 'c' in the middle of
it. It is best to use 'Copyright'. There is also a short form for 'Copyright',
something like 'Copyr', but I don't remember.

-- 
-----------------------------------------------------------------------------
Godfrey Lee, Cognos Incorporated, 3755 Riverside Drive,
Ottawa, Ontario, CANADA  K1G 3N3
(613) 738-1440		decvax!utzoo!dciem!nrcaer!cognos!glee

Isaac_K_Rabinovitch@cup.portal.com.UUCP (03/30/87)

Everyone in this discussion has been contradicting everyone else.  I'm
gonna send away for the government brochure and ignore any further USENET
postings on this subject.

Perhaps we could move the whole thing to the recreation area and start an
"urban legends" discussion.

madd@bucsb.bu.edu.UUCP (03/31/87)

In article <620@gargoyle.UChicago.EDU> mason@gargoyle.uchicago.edu.UUCP (Tony Mason) writes:
>In article <865@bucsb.bu.edu.UUCP> madd@bucsb.bu.edu.UUCP (Jim "Jack" Frost) writes:
>>In article <8788@decwrl.DEC.COM> reid@decwrl.UUCP (Brian Reid) writes:
>>>
>>>Please keep in mind that the person who posted the "How to Copyright"
>>>question lives in Switzerland. Copyright mechanisms vary from nation to
>>>nation, and not every country honors every other country's copyright laws. 
>>>If the question is "How to Copyright in Switzerland", the answer is likely to
>>>be quite different from "How to Copyright in the USA".
>>
>>I missed the original article I guess, but how to copyright in the US
>>is easy.  First, it is perfectly legal to just put a notice on your
>>stuff (programs and/of literature) that says either:
>>
>>	Copyright <person> <date>
>>or
>>	(c) <date> <person>
>>
>>Actually, the order of <date> and <person> probably doesn't matter,
>>but either of the above is fine.
>>
>>While the law says that just putting the notice in an obvious place
>>constitutes copyright, it's "more" legally binding to fill out a
>>form and file it with the government.  The form is form TX and is
>>available from the Library of Congress.  When I asked them for one,
>>they sent me about five copies and LOTS of literature on the copyright
>>laws and what they mean.  It costs about $10 to filethe form.  I guess
>>the form is just used to "prove" that the program was made by you when
>>you said it was.  This would definitely help in court, so I suggest
>>filing a form if you're worried about it.
>>
>Note:
>
>1. There was, last time I heard, question as to whether or not (C) was a
>legitimate copyright symbol.  The stuff I read said "don't use it."

OK, I posted the article everyone is flaming.  I wish that I could get
hold of my copyright info to back up my claim, but it's 150 miles from
here, so tough.  Since I can't readily back up my claim, I suggest
that you use the full word "copyright", which is definitely correct.

I would like to mention that I recall the documents saying that since
there was no way to represent the C with a circle that they (meaning
the courts) were accepting (C) because it was as close as you could
reasonably come to C-with-a-circle on computers.  (I seem to recall
that this was real recent -- maybe as recent as 1986)

>2. You also want the line "All Rights Reserved" on there for some South
>American countries (Pan-American Copyright stuff, I think...) where otherwise
>they can do strange things with it.

This is definitely correct.  ALWAYS include this phrase.  I had
forgotten to mention it, but it is true that for your program to be
considered "copyrighted" in many other countries, you must include
this.

>3. Form TX is the correct form.  You must file the first and last 50 pages of
>source code, and the fee is $10.  The difference between filed and unfiled
>copyrights are in collectable damages.  If it is registered, damages are
>trebled (just like anti-trust) while if it isn't, they aren't.  You can file
>any time, but violations prior to filing are not treble damage, while
>violations after are.

Well, the documentation they sent me didn't say this and I am glad
someone mentioned it.  I'd definitely file if I were looking to
prosecute people who are violating my copyright.

>An interesting side-effect of the first/last 50 page rule is that you can
>file a 20,000 page program, get copyright protection and yet still maintain
>trade secret stuff (the other 19,900 pages).
>
>Although some of this stuff changes (mostly in court precedents) the basic
>framework is in the 1976 and 1980 copyright acts.

Check for more recent changes.  Cheap software has made it necessary
to make major revisions and I think there have been changes.

I'm sorry if my previous posting put anyone on the wrong track.  You
should ALWAYS talk to a good lawyer if you have a serious copyright
question:  don't trust ANYONE else.

%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
          Jim Frost * The Madd Hacker | UUCP: ..!harvard!bu-cs!bucsb!madd
  H H                                 | ARPA:           madd@bucsb.bu.edu
H-C-C-OH <- heehee          +---------+----------------------------------
  H H                       | "We are strangers in a world we never made"

kurt@hi.UUCP (03/31/87)

In article <887@bucsb.bu.edu.UUCP> madd@bucsb.bu.edu.UUCP (Jim "Jack" Frost) writes:
 [ Much context deleted ]
>I'm sorry if my previous posting put anyone on the wrong track.  You
>should ALWAYS talk to a good lawyer if you have a serious copyright
>question:  don't trust ANYONE else.
 [ Signature deleted, too ]

Don't trust even a good lawyer, they can be wrong, too.
You might loose your "copyright" because of a lawyer's
mistake.  But at least you might be able to sue the
lawyer....

-- 
Kurt Zeilenga			Internet:	zeilenga@hc.dspo.gov
(505) 277-1611			UUCP:		hc!zeilenga