[net.news] Copyright issues: US Copyright office says I'm right

reid@glacier.ARPA (Brian Reid) (01/28/86)

In the past few days I have been in contact with several people at the US
Copyright office, and I have read every word of Circular R1, their publication
called "the Nuts and Bolts of copyright", and I have listened patiently to
a law professor at Stanford explain the issue as only professors can.

My conclusions are these:

* My original statement is true, that things posted to USENET do not become
  public domain, even if they are posted without copyright notice.
* That law is not blessed with simple "decision procedures", and resorts to 
  trials to determine the truth or falseness of things about which reasonable
  people disagree.
* That it is very difficult to prove a copyright infringement case in court if
  there was no copyright notice on the material.
* That lawyers tend to take the pragmatic view, rather than the mathematical 
  view, of copyright: if you can't prove it in court, it isn't true.

The summary truth, rephrased by me, is this: that if you post something to
USENET without a copyright notice it is not public domain; it is copyrighted
and you own the copyright. However, since it is unlikely that you would be
able to win an infringement suit with such slim evidence, the material might
as well be in the public domain, since you have no protection by any 
mechanism other than the conscience of the infringer. Therefore from the
point of view of a lawyer the material is effectively public domain, even
though it is in fact protected by copyright.
-- 
	Brian Reid	decwrl!glacier!reid
	Stanford	reid@SU-Glacier.ARPA