On Mon, 2013-09-09 at 16:14 +0100, Daniel Pope wrote: > You don't have to include a notice of copyright to enjoy copyright > protection (under the Berne Convention). Nothing is assumed to be public > domain unless it is explicitly disclaimed as such. > > Since licence terms are based on copyright I don't think you need to state > it everywhere. If someone fails to receive a copy of the licence they can > assume no rights to copy your code.
Whilst you are correct that this has been agreed by case law for books and magazines (the so called moral rights), as far as I am aware there has been no case in the UK that has provided case law for this. Legal advice is always to put an explicit statement of copyright, copyright owner and licence in all files. The issue here is "explicit is better than implicit" (*). The difficulty, at least in UK precedent, is to know the provenance of the content. Has the material been copied via a route that creates a public domain work. This sort of thing is far easier to trace for physical works. (*) See what I did there? -- Russel. ============================================================================= Dr Russel Winder t: +44 20 7585 2200 voip: sip:russel.win...@ekiga.net 41 Buckmaster Road m: +44 7770 465 077 xmpp: rus...@winder.org.uk London SW11 1EN, UK w: www.russel.org.uk skype: russel_winder
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