PipeChat Digest #216 - Sunday, January 25, 1998
 
Re: MIDI vs copyright: What the law DOES say (long)
  by Wm. G. Chapman <wchapmn@ibm.net>
Concise: MIDI vs copyright: What the law DOES say
  by Stanley Lowkis <nstarfil@mediaone.net>
 


(back) Subject: Re: MIDI vs copyright: What the law DOES say (long) From: "Wm. G. Chapman" <wchapmn@ibm.net> Date: Sat, 24 Jan 98 22:41:12 -0800   On Sat, 24 Jan 1998 15:54:31 EST, KARL W KELLER wrote:   >It is interesting to note Larry's comment on the 140 year rule.   Yes it is since it is not accurate. (Please note that he has a .uk suffix.) It is easy to have no respect for a law that you know next to nothing about. The "rip off" is when people try to abuse the property of others who simply want to be something other than "the poor." The idea is the same as, "when under my roof follow my rules." If you are a guest then you act like one. Further, there is no worldwide copyright. > US COPYRIGHT BASICS Table of Contents (Large portions freely deleted to save space)   What Copyright Is Who Can Claim Copyright Copyright and National Origin of the Work What Works are Protected What is Not Protected by Copyright How to Secure Copyright Publication Notice of Copyright Form of Notice for Visually Perceptible Copies Form of Notice for Phonorecords of Sound Recordings Position of Notice Publications Incorporating U.S. Government Works How Long Copyright Protection Endures Transfer of Copyright Terminations of Transfers International Copyright Protection Copyright Registration Registration Procedures In General Special Deposit Requirements Unpublished Collections Corrections and Amplifications of Existing Registration Mandatory Deposit For Works Published in the United States Use of Mandatory Deposity to Satisfy Registration Requirements Who May File an Application Form Application Forms Mailing Incomplete Submissions Fees Effective Date Registration Search of Copyright Office Records Available Information   WHAT COPYRIGHT IS Copyright is a form of protection provided by the laws of the United States (title 17, U.S. Code) to the authors of "original works of authorship" including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. Section 106 of the Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following: 1 To reproduce the copyrighted work in copies or phonorecords; 2 To prepare derivative works based upon the copyrighted work; 3 To distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending; 4 To perform the copyrighted work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works; and 5 To display the copyrighted work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work. It is illegal for anyone to violate any of the rights provided by the Act to the owner of copyright. These rights, however, are not unlimited in scope. Sections 107 through 119 of the Copyright Act establish limitations on these rights. In some cases, these limitations are specified exemptions from copyright liability. One major limitation is the doctrine of "fair use," which is given a statutory basis in section 107 of the Act. In other instances, the limitation takes the form of a "compulsory license" under which certain limited uses of copyrighted works are permitted upon payment of specified royalties and compliance with statutory conditions. For further information about the limitations of any of these rights, consult the Copyright Act or write to the Copyright Office.   WHO CAN CLAIM COPYRIGHT Copyright protection subsists from the time the work is created in fixed form; that is, it is an incident of the process of authorship. The copyright in the work of authorship immediately becomes the property of the author who created it. Only the author or those deriving their rights through the author can rightfully claim copyright. In the case of works made for hire, the employer and not the employee is presumptively considered the author. Section 101 of the copyright statute defines a "work made for hire" as: (1) a work prepared by an employee within the scope of his or her employment; or (2) a work specially ordered or commissioned for use as a contribution to a collective work, as a part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer material for a test, or as an atlas, if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire.... The authors of a joint work are co-owners of the copyright in the work, unless there is an agreement to the contrary. Copyright in each separate contribution to a periodical or other collective work is distinct from copyright in the collective work as a whole and vests initially with the author of the contribution.   Two General Principles 1 Mere ownership of a book, manuscript, painting, or any other copy or phonorecord does not give the possessor the copyright. The law provides that transfer of ownership of any material object that embodies a protected work does not of itself convey any rights in the copyright. 2 Minors may claim copyright, ...   COPYRIGHT AND NATIONAL ORIGIN OF THE WORK Copyright protection is available for all unpublished works, regardless of the nationality or domicile of the author. Published works are eligible for copyright protection in the United States if any one of the following conditions is met: ...balance of this section deleted.   WHAT WORKS ARE PROTECTED   Copyright protects "original works of authorship" that are fixed in a tangible form of expression. The fixation need not be directly perceptible, so long as it may be communicated with the aid of a machine or device. Copyrightable works include the following categories: (1) literary works; (2) musical works, including any accompanying words; (3) dramatic works, including any accompanying music; (4) pantomimes and choreographic works; (5) pictorial, graphic, and sculptural works; (6) motion pictures and other audiovisual works; (7) sound recordings; and (8) architectural works. These categories should be viewed quite broadly: for example, computer programs and most "compilations" are registrable as "literary works;" maps and architectural plans are registrable as "pictorial, graphic, and sculptural works."   WHAT IS NOT PROTECTED BY COPYRIGHT   Several categories of material are generally not eligible for statutory copyright protection. These include among others: Works that have not been fixed in a tangible form of expression. For example: choreographic works that have not been notated or recorded, or improvisational speeches or performances that have not been written or recorded. Titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents. Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration. Works consisting entirely of information that is common property and containing no original authorship. For example: standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources.   HOW TO SECURE A COPYRIGHT   Copyright Secured Automatically Upon Creation The way in which copyright protection is secured under the present law is frequently misunderstood... portions deleted for brevity...   ....January 1, 1978 (for example, works published without satisfying all conditions for securing statutory copyright under the Copyright Act of 1909) remain in the public domain under the current act. Statutory copyright could also be secured before 1978 by the act of registration in the case of certain unpublished works and works eligible for ad interim copyright. The current Act automatically extends to full term (section 304 sets the term) copyright for all works including those subject to ad interim copyright if ad interim registration has been made on or before June 30, 1978. * * * * Copyright is secured automatically when the work is created, and a work is "created" when it is fixed in a copy or phonorecord for the first time. "Copies" are material objects from which a work can be read or visually perceived either directly or with the aid of a machine or device, such as books, manuscripts, sheet music, film, videotape, or microfilm. "Phonorecords" are material objects embodying fixations of sounds (excluding, by statutory definition, motion picture soundtracks), such as cassette tapes, CD's, or LP's. Thus, for example, a song (the "work") can be fixed in sheet music ("copies") or in phonograph disks ("phonorecords"), or both. If a work is prepared over a period of time, the part of the work that is fixed on a particular date constitutes the created work as of that date.   PUBLICATION   Publication is no longer the key to obtaining statutory copyright as it was under the Copyright Act of 1909.... Balance of this section deleted for this copy.   NOTICE OF COPYRIGHT   For works first published on and after March 1, 1989, use of the copyright notice is optional, though highly recommended. Before March 1, 1989, the use of the notice was mandatory on all published works, and any work first published before that date must bear a notice or risk loss of copyright protection. (The Copyright Office does not take a position on whether works first published with notice before March 1, 1989, and reprinted and distributed on and after March 1, 1989, must bear the copyright notice.) Use of the notice is recommended because it informs the public that the work is protected by copyright, identifies the copyright owner, and shows the year of first publication. Furthermore, in the event that a work is infringed, if the work carries a proper n otice, the court will not allow a defendant to claim "innocent infringement" --that is, that he or she did not realize that the work is protected. ... The use of the copyright notice is the responsibility of the copyright owner and does not require advance permission from, or registration with, the Copyright Office. Form of Notice for Visually Perceptible Copies The notice for visually perceptible copies should contain all 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 textual matter, if any, is reproduced in or on greeting cards, postcards, stationery, jewelry, dolls, toys, or any useful article; 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. Example: Copyright 1995 John Doe The "C in a circle" notice is used only on "visually perceptible copies." Certain kinds of works--for example, musical, dramatic, and literary works--may be fixed not in "copies" but by means of sound in an audio recording. Since audio recordings such as audio tapes and phonograph disks are "phonorecords" and not "copies," the "C in a circle" notice is not used to indicate protection of the underlying musical, dramatic, or literary work that is recorded. Form of Notice for Phonorecords of Sound Recordings The copyright notice for phonorecords of sound recordings* has somewhat different requirements. The notice appearing on phonorecords should contain the following three elements: *Sound recordings are defined as "works that result from the fixation of a series of musical, spoken, or other sounds, but not including the sounds accompanying a motion picture or other audiovisual work, regardless of the nature of the material objects, such as disks, tapes, or other phonorecords, in which they are embodied." 1. The symbol (the letter "P"in a circle); and 2. The year of first publication of the sound recording; and 3. The name of the owner of copyright in the sound recording, or an abbreviation by which the name can be recognized, or a generally known alternative designation of the owner. If the producer of the sound recording is named on the phonorecord labels or containers, and if no other name appears in conjunction with the notice, the producer's name shall be considered a part of the notice. NOTE: Since questions may arise from the use of variant forms of the notice, any form of the notice other than those given here should not be used without first seeking legal advice. Position of Notice The notice should be affixed to copies or phonorecords of the work in such a manner and location as to "give reasonable notice of the claim of copyright." The notice on phonorecords may appear on the surface of the phonorecord or on the phonorecord label or container, provided the manner of placement and location give reasonable notice of the claim. The three elements of the notice should ordinarily appear together on the copies or phonorecords. The Copyright Office has issued regulations concerning the form and position of the copyright notice in the Code of Federal Regulations (37 CFR Part 201). For more information, request Circular 3. Publications Incorporating United States Government Works Works by the U.S. Government are not eligible for copyright protection. For works published on and after March 1, 1989, the previous notice requirement for works consisting primarily of one or more U.S. Government works has been eliminated. However, use of the copyright notice for these works is still strongly recommended. Use of a notice on such a work will defeat a claim of innocent infringement as previously described provided the notice also includes a statement that identifies one of the following: those portions of the work in which copyright is claimed or those portions that constitute U.S. Government material. An example is: ... portion deleted   HOW LONG COPYRIGHT PROTECTION ENDURES   Works Originally Created On or After January 1, 1978 A work that is created (fixed in tangible form for the first time) on or after January 1, 1978, is automatically protected from the moment of its creation, and is ordinarily given a term enduring for the author's life, plus an additional 50 years after the author's death... ....For works made for hire, and for anonymous and pseudonymous works (unless the author's identity is revealed in Copyright Office records), the duration of copyright will be 75 years from publication or 100 years from creation, whichever is shorter. Works Originally Created Before January 1, 1978, But Not Published or Registered by That Date Works that were created but not published or registered for copyright before January 1, 1978, have been automatically brought under the statute and are now given Federal copyright protection. The duration of copyright in these works will generally be computed in the same way as for works created on or after January 1, 1978: the life-plus-50 or 75/100-year terms will apply to them as well. The law provides that in no case will the term of copyright for works in this category expire before December 31, 2002, and for works published on or before December 31, 2002, the term of copyright will not expire before December 31, 2027. Works Originally Created and Published or Registered Before January 1, 1978 Under the law in effect before 1978, copyright was secured either on the date a work was published or on the date of registration if the work was registered in unpublished form. In either case, the copyright endured for a first term of 28 years from the date it was secured. During the last (28th) year of the first term, the copyright was eligible for renewal. The current copyright law has extended the renewal term from 28 to 47 years for copyrights that were subsisting on January 1, 1978, making these works eligible for a total term of protection of 75 years. ...   INTERNATIONAL COPYRIGHT PROTECTION   There is no such thing as an "international copyright" that will automatically protect an author's writings throughout the entire world...   COPYRIGHT REGISTRATION   In general, copyright registration is a legal formality...   APPLICATION FORMS Opening of Section Deleted on this copy   ....COPYRIGHT OFFICE FORMS HOTLINE NOTE: Requestors may order application forms and circulars at any time by telephoning (202) 707-9100. Orders will be recorded automatically and filled as quickly as possible. Please specify the kind and number of forms you are requesting.   AVAILABLE INFORMATION   This circular attempts to answer some of the questions that are frequently asked about copyright. For a list of other material published by the Copyright Office, request Circular 2, "Publications on Copyright." Any requests for Copyright Office publications or special questions relating to copyright problems not mentioned in this circular should be addressed to the Copyright Office, LM 455, Library of Congress, Washington, D.C. 20559-6000. To speak to a Copyright Information Specialist, call (202) 707-3000 between 8:30 a.m.-5:00 p.m., Eastern Time, Monday-Friday, except Federal Holidays. Copyright information, including many of the other circulars mentioned in Circular 1, as well as the latest Copyright Office regulations and announcements, is available via the Internet. Internet site addresses are: 1 World Wide Web URL: http://lcweb.loc.gov/copyright 2 Gopher: marvel.loc.gov Copyright Office records of registrations and other related documents from 1978 forward are also available over the Internet via the above addresses or telnet directly to LOCIS (Library of Congress Information System) at: Telnet: Locis.loc.gov The Copyright Public Information Office is also open to the public Monday-Friday, 8:30 a.m. to 5:00 p.m., Eastern Time, except Federal holidays. The office is located in the Library of Congress, Madison Building, Room 401, at 101 Independence Ave., S.E., Washington, D.C., near the Capitol South Metro stop. Information Specialists are available to answer questions, provide circulars, and accept applications for registration. Access for disabled individuals is at the front door on Independence Avenue, S.E. The Copyright Office is not permitted to give legal advice. If you need information or guidance on matters such as disputes over the ownership of a copyright, suits against possible infringers, the procedure for getting a work published, or the method of obtaining royalty payments, it may be necessary to consult an attorney. Copyright Office * Library of Congress * Washington, D.C. 20559-6000 ***3/28/96***          
(back) Subject: Concise: MIDI vs copyright: What the law DOES say From: Stanley Lowkis <nstarfil@mediaone.net> Date: Sun, 25 Jan 1998 02:26:02 -0500   Wm. G. Chapman wrote: > > On Sat, 24 Jan 1998 15:54:31 EST, KARL W KELLER wrote: > > >It is interesting to note Larry's comment on the 140 year rule.   (Merciful Windbag-Post Snip) !!!!!!!!!!!!!!!!!!   http://lcweb.loc.gov/copyright   You cut out a key phrase in your "Bandwidth Challanged Post"!! Anyone can check the code as posted on the site.