[net.news] public domain and copyright in netnews

reid@glacier.ARPA (Brian Reid) (01/23/86)

It is absolutely false that material posted to USENET is automatically in
the public domain. Perhaps in Canada (where ubc-cs is) that is true, but in
the United States all published material is automatically the copyright of
the author whether or not it has the "Copyright (C) 1986 XXXX" mark on it.
The copyright laws (rev. 1978) are extremely clear on this, and the
documentation published by the US Copyright office states this beyond any
possibility of misinterpretation. Material posted to USENET is the copyright
property of the poster under U.S. statute.

On the other hand, it might be true that the presence of a Copyright notice
might reduce the temptation to pilfer; if so, then such a notice is helpful.
-- 
	Brian Reid	decwrl!glacier!reid
	Stanford	reid@SU-Glacier.ARPA

tim@ism780c.UUCP (Tim Smith) (01/25/86)

In article <3424@glacier.ARPA> reid@glacier.UUCP (Brian Reid) writes:
>
>It is absolutely false that material posted to USENET is automatically in
>the public domain. Perhaps in Canada (where ubc-cs is) that is true, but in
>the United States all published material is automatically the copyright of
>the author whether or not it has the "Copyright (C) 1986 XXXX" mark on it.

I don't have my books with me, so I may be wrong here, but I think that
if you publish your work without a copyright notice, you do lose the
copyright.  I think I remember reading that one of the advantages of
registering your copyright is that if you accidently publish without
a copyright notice, you are still protected.

-- 
Tim Smith       sdcrdcf!ism780c!tim || ima!ism780!tim || ihnp4!cithep!tim

jeff@rtech.UUCP (Jeff Lichtman) (01/25/86)

> 
> It is absolutely false that material posted to USENET is automatically in
> the public domain. Perhaps in Canada (where ubc-cs is) that is true, but in
> the United States all published material is automatically the copyright of
> the author whether or not it has the "Copyright (C) 1986 XXXX" mark on it.
> -- 
> 	Brian Reid	decwrl!glacier!reid

According to William S. Strong in "The Copyright Book" (MIT Press), an author
forfeits copyright if he or she publishes it without affixing a copyright
notice.  Before 1978, a work was protected under common law if it was not
published or registered with the Copyright Office.  The 1978 law protects
most unpublished works under federal law.  Strong is a copyright lawyer, so
I think he knows what he's talking about.
-- 
Jeff Lichtman at rtech (Relational Technology, Inc.)
"Saints should always be judged guilty until they are proved innocent..."

{amdahl, sun}!rtech!jeff
{ucbvax, decvax}!mtxinu!rtech!jeff

tim@ism780c.UUCP (Tim Smith) (01/28/86)

In article <841@rtech.UUCP> jeff@rtech.UUCP (Jeff Lichtman) writes:
>> 
>> It is absolutely false that material posted to USENET is automatically in
>> the public domain. Perhaps in Canada (where ubc-cs is) that is true, but in
>> the United States all published material is automatically the copyright of
>> the author whether or not it has the "Copyright (C) 1986 XXXX" mark on it.
>
>According to William S. Strong in "The Copyright Book" (MIT Press), an author
>forfeits copyright if he or she publishes it without affixing a copyright
>notice.  Before 1978, a work was protected under common law if it was not
>published or registered with the Copyright Office.  The 1978 law protects
>most unpublished works under federal law.  Strong is a copyright lawyer, so
>I think he knows what he's talking about.
>-- 
>Jeff Lichtman at rtech (Relational Technology, Inc.)
>"Saints should always be judged guilty until they are proved innocent..."

I looked up copyright in the Encyclopedia of American Law ( I think that
was the title ), and what Mr. Lichtman says is correct.  You _can_ avoid
losing the copyright if you publish without a notice if it is only
a "relatively small" number of copies published, if you have registered
or register the work with the copyright office, or if someone who has
an agreement with you not to publish your work violates that agreement.

I don't think these exceptions would apply to most Usenet postings,
thus, Usenet stuff is public domain unless it has a copyright notice.
-- 
Tim Smith       sdcrdcf!ism780c!tim || ima!ism780!tim || ihnp4!cithep!tim