Note that the segment of the Copyright Act does NOT say that things
posted without said notice are "technically open for use by anyone."
The bottom line, if you can SEE it, you should assume it is copyrighted,
unless you know it to be in the public domain.
Dave
malcolm McCallum wrote:
copyrighted? yes.
but read:
Chapter 4, section 401 of the current US copyright law. regarding
visually perceptible copies, specifically part (d) where it discusses
evidentiary weight of the notice. If you have it, the person who uses
it w/o permission has virtually no defense in a court case (if a
registered copyright its even stronger), whereas if the notice is not on
your copy, there is weight given to the defendant. This is the key
reason for including the notice. However, someone else could take your
picture or paper, place their own copyright on it and without
registration of the copyright it may be very difficult to prove your case.
§ 401. Notice of copyright: Visually perceptible copies^1
<http://www.copyright.gov/title17/92chap4.html#4-1>
(a) General Provisions. — Whenever a work protected under this title is
published in the United States or elsewhere by authority of the
copyright owner, a notice of copyright as provided by this section may
be placed on publicly distributed copies from which the work can be
visually perceived, either directly or with the aid of a machine or device.
(b) Form of Notice. — If a notice appears on the copies, it shall
consist of the following three elements:
(1) the symbol © (the letter C in a circle), or the word “Copyright”, or
the abbreviation “Copr.”; and
(2) the year of first publication of the work; in the case of
compilations or derivative works incorporating previously published
material, the year date of first publication of the compilation or
derivative work is sufficient. The year date may be omitted where a
pictorial, graphic, or sculptural work, with accompanying text matter,
if any, is reproduced in or on greeting cards, postcards, stationery,
jewelry, dolls, toys, or any useful articles; and
(3) the name of the owner of copyright in the work, or an abbreviation
by which the name can be recognized, or a generally known alternative
designation of the owner.
(c) Position of Notice. — The notice shall be affixed to the copies in
such manner and location as to give reasonable notice of the claim of
copyright. The Register of Copyrights shall prescribe by regulation, as
examples, specific methods of affixation and positions of the notice on
various types of works that will satisfy this requirement, but these
specifications shall not be considered exhaustive.
(d) Evidentiary Weight of Notice. — If a notice of copyright in the form
and position specified by this section appears on the published copy or
copies to which a defendant in a copyright infringement suit had access,
then no weight shall be given to such a defendant's interposition of a
defense based on innocent infringement in mitigation of actual or
statutory damages, except as provided in the last sentence of section
504(c)(2). <http://www.copyright.gov/title17/92chap5.html#504>
On Thu, May 14, 2009 at 2:11 PM, David M. Lawrence <d...@fuzzo.com
<mailto:d...@fuzzo.com>> wrote:
malcolm McCallum wrote:
> Most figures from textbooks are now open use at the textbook
companies push.
> they were spending a lot getting and keeping records of permissions
> and gave up some years ago.
> Anything that is posted on the internet without
>
> Copyright (c) YEAR. NAME OF COPYRIGHT HOLDER.
>
> is technically open for use by anyone. I got this directly from the
> copyright office a few years back.
Your information is outdated.
According to U.S. copyright law, no copyright notice is required.
Anything, once it is put into "tangible" form -- that is printed,
uploaded to a Web site, recorded, etc. -- is inherently copyrighted.
Here are the relevant passages from the Copyright FAQ
(http://www.copyright.gov/help/faq/)
When is my work protected?
Your work is under copyright protection the moment it is created and
fixed in a tangible form that it is perceptible either directly or
with the aid of a machine or device.
What is a copyright notice? How do I put a copyright notice on my work?
A copyright notice is an identifier placed on copies of the work to
inform the world of copyright ownership that generally consists of
the symbol or word “copyright (or copr.),” the name of the copyright
owner, and the year of first publication, e.g., ©2008 John Doe.
While use of a copyright notice was once required as a condition of
copyright protection, it is now optional. Use of the notice is the
responsibility of the copyright owner and does not require advance
permission from, or registration with, the Copyright Office. See
Circular 3, Copyright Notice, for requirements for works published
before March 1, 1989, and for more information on the form and
position of the copyright notice.
Dave
--
------------------------------------------------------
David M. Lawrence | Home: (804) 559-9786
7471 Brook Way Court | Fax: (804) 559-9787
Mechanicsville, VA 23111 | Email: d...@fuzzo.com
<mailto:d...@fuzzo.com>
USA | http: http://fuzzo.com
------------------------------------------------------
"We have met the enemy and he is us." -- Pogo
"No trespassing
4/17 of a haiku" -- Richard Brautigan
--
Malcolm L. McCallum
Associate Professor of Biology
Texas A&M University-Texarkana
Editor, Herpetological Conservation and Biology
http://www.herpconbio.org
http://www.twitter.com/herpconbio
Fall Teaching Schedule & Office Hours:
Landscape Ecology: T,R 10-11:40 pm
Environmental Physiology: MW 1-2:40 pm
Seminar: T 2:30-3:30pm
Genetics: M 6-10pm
Office Hours: M 3-6, T: 12-2, W: 3-4
1880's: "There's lots of good fish in the sea" W.S. Gilbert
1990's: Many fish stocks depleted due to overfishing, habitat loss,
and pollution.
2000: Marine reserves, ecosystem restoration, and pollution reduction
MAY help restore populations.
2022: Soylent Green is People!
Confidentiality Notice: This e-mail message, including any attachments,
is for the sole use of the intended recipient(s) and may contain
confidential and privileged information. Any unauthorized review, use,
disclosure or distribution is prohibited. If you are not the intended
recipient, please contact the sender by reply e-mail and destroy all
copies of the original message.
--
------------------------------------------------------
David M. Lawrence | Home: (804) 559-9786
7471 Brook Way Court | Fax: (804) 559-9787
Mechanicsville, VA 23111 | Email: d...@fuzzo.com
USA | http: http://fuzzo.com
------------------------------------------------------
"We have met the enemy and he is us." -- Pogo
"No trespassing
4/17 of a haiku" -- Richard Brautigan
