> But beware of "adverse possession"!
Yes, in all seriousness a copyright notice would tend to mitigate against a
claim of innocent infringement. ("I didn't know it was copyright.")
> Are the airwaves a "tangible medium"?
I would think not but I don't know (and I am not a lawyer and what I wrote
below is not legal advice, etc., etc.) If you have a serious or meaningful
copyright issue you need to consult a lawyer licensed in your jurisdiction.
There, I said it.
> a performance of a work in the public domain could not be copyright
Copyright did not used to cover "performances." Seriously, Congress was worried
about not wanting to make a kid sneaking into a circus tent a Federal crime!
That changed back in the late 60's or 70's (?).
> Besides, isn't it a way for the LoC to get free books, records, movies?
Yeah, but I don't think they want most of them. I think a serious storage issue
there.
Charles
-----Original Message-----
From: IBM Mainframe Discussion List [mailto:[email protected]] On Behalf
Of Paul Gilmartin
Sent: Tuesday, January 27, 2015 5:42 PM
To: [email protected]
Subject: Re: Strange comment in PTF.
On Tue, 27 Jan 2015 15:31:14 -0800, Charles Mills wrote:
>I should add that in general in the US and most countries copyright notices
>are unnecessary. I compare them to a "Private Property" sign on your front
>lawn: it would still be private property without the sign, but the sign warns
>your neighbors that you might be serious about it.
>
But beware of "adverse possession"!
http://www.dailycamera.com/ci_13100029
>Under current US copyright law and the Berne Convention, copyright inures to
>the author of a creative work upon the moment s/he "fixes the work in a
>tangible medium" (including, by statute, computer memory). So if you think up
>a story and recite it for your friends you do not own a copyright, but as soon
>as you write the story down or key it into your computer you do, notice or no.
>
Are the airwaves a "tangible medium"? (I assume tape and disk are). If a
performer broadcasts a performance, never having recorded it, may I record it
off the air without violating copyright?
I understand that in days of yore a performance of a work in the public domain
could not be copyright. Old phonograph records of classical music used to bear
the warning that the performance *times* (e.g. 10:33) were copyright by the
artist and publisher.
I think things have got saner.
>Similarly copyright registration is a big help in litigation, but you
>nonetheless own the copyright even if you never pay the government a nickel or
>fill out any official forms.
>
Besides, isn't it a way for the LoC to get free books, records, movies?
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