In addition, the Berne Convention clearly states that copyrights for literary and artistic works are in force, without been declared. That is, the author/illustrator has all copyrights, also to derivative works. Except if the author has disclaimed or signed off the rights. The U.S. and many other countries have joined the Berne Convention (http://en.wikipedia.org/wiki/Berne_Convention_for_the_Protection_of_Literary_and_Artistic_Works).
A number of times, I have used nice illustrations made by others in presentation for teaching, with proper reference. I simply wrote to the illustrators and asked for permission, always getting a kind reply with "yes". Best regards, Jan Nielsen > Date: Fri, 15 May 2009 01:27:13 -0400 > From: d...@fuzzo.com > Subject: Re: [ECOLOG-L] stealing from websites; educational use > To: ECOLOG-L@LISTSERV.UMD.EDU > > 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 _________________________________________________________________ Invite your mail contacts to join your friends list with Windows Live Spaces. It's easy! http://spaces.live.com/spacesapi.aspx?wx_action=create&wx_url=/friends.aspx&mkt=en-us
