Usenet Terms





 
Usenet.com.au  >>  Usenet Terms  >>  Copyright
Page 11 of 15





What is copyright?
More at wikpedia.org

Copyright is a set of exclusive rights regulating the use of a particular expression of an idea or information. At its most general, it is literally "the right to copy" an original creation. In most cases, these rights are of limited duration. The symbol for copyright is ©, and in some jurisdictions may alternatively be written as either (c) or (C).

Copyright may subsist in a wide range of creative, intellectual, or artistic forms or "works". These include poems, theses, plays, and other literary works, movies, choreographic works (dances, ballets, etc.), musical compositions, audio recordings, paintings, drawings, sculptures, photographs, software, radio and television broadcasts of live and other performances, and, in some jurisdictions, industrial designs. Designs or industrial designs may have separate or overlapping laws applied to them in some jurisdictions. Copyright is one of the laws covered by the umbrella term intellectual property.

Copyright law covers only the form or manner in which ideas or information have been manifested, the "form of material expression". It is not designed or intended to cover the actual idea, concepts, facts, styles, or techniques which may be embodied in or represented by the copyright work. For example, the copyright which subsists in relation to a Mickey Mouse cartoon prohibits unauthorized parties from distributing copies of the cartoon or creating derivative works which copy or mimic Disney's particular anthropomorphic mouse, but does not prohibit the creation of artistic works about anthropomorphic mice in general, so long as they are sufficiently different to not be deemed imitative of the original. In some jurisdictions, copyright law provides scope for satirical or interpretive works which themselves may be copyrighted. Other laws may impose legal restrictions on reproduction or use where copyright does not - such as trademarks and patents.

History

Copyright was not invented until after the advent of the printing press and with wider public literacy. As a legal concept, its origins in Britain were from a reaction to printers' monopolies at the beginning of the eighteenth century. Charles II of England was concerned by the unfair copying of books and used the royal prerogative to pass the Licensing Act of 1662 which established a register of licensed books and required a copy to be deposited with the Stationers Company, essentially continuing the licensing of material that had long been in effect. The Statute of Anne was the first real copyright act, and gave the author rights for a fixed period, after which the copyright expired. Copyright has grown from a legal concept regulating copying rights in the publishing of books and maps to one with a significant effect on nearly every modern industry, covering such items as sound recordings, films, photographs, software, and architectural works.

Copyright notices

Use of a copyright notice — consisting of the letter C inside of a circle (that is, "©"), the abbreviation "Copr.", or the word "Copyright", followed by the year of the first publication of the work and the name of the copyright holder — was part of previous United States statutory requirements. (Note that the letter C inside of parentheses ("(c)") has never been an officially recognized designator.) The proper Copyright notice for audio recordings of musical compositions is a "P" inside a circle which stands for Phonorecord. But in 1989, the U.S. enacted the Berne Convention Implementation Act, amending the 1976 Copyright Act to conform to most of the provisions of the Berne Convention. As a result, the use of copyright notices has become optional to claim copyright, because the Berne Convention makes copyright automatic. However, notice of copyright (using these marks) does have consequences in terms of allowable damages in an infringement lawsuit in some places.

It is important to understand that absence of the copyright symbol does not mean that the work is not covered by copyright. The work once created from originality through 'mental labor' is instantaneously considered copyrighted to that person. Thus, a natural copyright exists from the time a work is invented or created regardless of whether a work has been registered with the U.S. Copyright Office. Since all countries have separate copyright laws, there is no such thing as an International Copyright. The Berne Convention, however, makes the copyright automatic as well. Should Copyright Infringement litigation ensue, registration with the U.S. Copyright Office is highly suggested if one is to prevail in court.

The phrase All rights reserved was once a necessary formal notice that all rights granted under existing copyright law are retained by the copyright holder and that legal action may be taken against copyright infringement. It was provided as a result of the Buenos Aires Convention of 1910, which required some statement of reservation of rights to grant international coverage in all the countries that were signatory to that convention. While it is commonplace to see it, this notice is now superfluous, as every country that is a member of the Buenos Aires Convention is also a member of the Berne Convention, which hold a copyright to be valid in all signatory states without any formality of notice.

This phrase is sometimes still used even on some documents to which the original author does not retain all rights granted by copyright law, such as works released under a copyleft license. It is, however, only a habitual formality and is unlikely to have legal consequences.

More information from Wikipedia.org.

Links

Australian COPYRIGHT ACT 1968 at austlii.edu.au
Copyright website benedict.com
Broef Intro to copyright templetons.com
USA copyright copyright.gov

Don't Download This Song - Weird Al Yankovic.





 
Copyright


Mailing List


First Name:
Email address:
Security code:







HomeWhat is Usenet?  | Usenet.com.au  | Netiquette  | aus.* FAQs  | -- RFC1855  | Usenet Access  | Emoticons  | Internet Shorthand  | Usenet Terms  | Usenet History  | Contact Us  |