The Computer User's Guide to Copyright
Module A05c
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Introduction: Copyright and Intellectual Property
If you're using a computer,
the easiest way to run foul of the law is by violating copyright. That's partly
because it's so easy to do without knowing it, and partly because it can be so
tempting.That's why it's important to know where you stand with regard to copyright
law.
What is Copyright?
The U. S. Library of Congress,
whose Copyright Office serves to
register copyrights, says, "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" or intellectual property. (See U.S. Library
of Congress, "Copyright Basics",http://lcweb.loc.gov/copyright/circs/circ1.html)
Computer software is considered a "literary" work (!) for copyright purposes.
What is Intellectual Property?
Generally anything a person
writes, draws, paints, composes, or creates in any medium is "intellectual property".
This includes computer software and data files of all kinds.
Certain types of things are specifically not copyrightable. According
to the Copyright Office, this includes "Ideas, procedures, methods, systems,
processes, concepts, principles, discoveries, or devices, as distinguished from
a description, explanation, or illustration."(U.S. Library of
Congress, "Questions Frequently
Asked") In many cases, such as computer hardware or signal transmission
techniques, these can be patented. Occasionally, software developers
will seek a patent, but the long process of applying for a patent is discouraging
to most developers, who want rapid coverage for their intellectual property.
To qualify for a patent, developers must be able to demonstrate that they got
there first, and this usually involves a lengthy investigation. (For
more information about patents, visit the United States Patent and Trademark
Office: http://www.uspto.gov/web/menu/menu1.html)
What Rights does Copyright Give?
The owner of a copyright can
either do, or allow others to do, these types of things:
- Reproduce the copyrighted
work (the most obvious kind of copying)
- Prepare derivative works
- for example, creating a movie based on a book
- Distribute copies by
selling, leasing, renting, or lending
- Perform the work publicly,
if it is something performable like a play or music
- Display the work publicly,
if it is something displayable like a painting or movie
What is Copying?
Some types of copying are
clearly recognized; others are vague or disputed.
These things clearly are
copying:
- Making an electrostatic copy (Xeroxing)
- Scanning into a computer
- Typing a copy by hand from a printed original
- Forwarding electronic mail to someone else
- Making a movie or TV show from a story
- Copying a computer file from one disk to another
These things may or may not be copying:
- Saving (archiving) electronic
mail you received from a friend
- Allowing your browser to "cache" a Web site you visited
(Caching is creating a temporary archive on your computer's disk)
- Creating a hyperlink from
your Web page to someone else's Web page
- Storing electronic mail
in a temporary "buffer" while it is being routed from one computer to another
Most of the items in the "maybe"
list seem to the layman unlikely to be copyright violations, but in some sense
they are "copying". In most cases, courts have not determined whether or not they
are violations, though it would be very difficult to run the Internet or the World
Wide Web without doing any of them. (See also "Copyright Law for
Non-Lawyers" Lesson 5 by Lessig et al., http://www.ssrn.com/update/lsn/cyberspace/lessons/copyr04.html)
What Can You Do If It's Copyrighted?
If there is a written statement
of copyright provisions,you should read and understand the provisions, and abide
by them.
Otherwise, you must ask
for written permission do to anything other than "fair use."
What is Fair Use?
The copyright law specifically
allows the use of parts of a copyrighted work in certain circumstances. However,
specific details are unclear in the law.
It seems that in general
a use if more fair if...
- ...the copy is not for
your commercial gain;
- ...the copy doesn't
deprive the owner of revenue;
- ...the copy is for review,
reporting, research, or teaching;
- ...the copy is a small
part of the work;
- ...the copy isn't the
major, important part;
- ...you add a lot of
your own material.
Fair use is one of the less
clear areas of copyright law.
For more discussion, see:
How do you Know if it's Copyrighted?
Since 1989, all "original
works of authorship" have been copyrighted automatically as soon as they are completed
in a "fixed form". So we need to assume that everything is copyrighted
unless it specifically places the material in the public domain. Before 1989,
it was necessary to claim copyright by using the copyright symbol © (a C
in a circle) on many kinds of work.
Copyright Around the World
Most of the developed nations
of the world, as well as many others, have signed treaties agreeing to honor each
other's copyright laws. The primary treaties are the Berne
Convention and the Universal
Copyright Convention (UCC). In addition, the World Intellectual Property
Organization serves as a forum for international discussion of copyright
treaties. These treaties are renegotiated, expanded, and clarified every few years.
On the other hand, some
nations feel it is to their advantage to ignore copyright laws and take whatever
intellectual property they wish from around the world. These nations are often
subjected to legal and trade pressures from nations that uphold copyright.
For a description of the
current copyright relations between the United States and all other independent
countries of the world, see the US Copyright Office's Circular 38a (http://lcweb.loc.gov/copyright/circs/circ38a.pdf
Requires Adobe Acrobat reader or plug-in).
Enforcement of Copyright Law
Copyright law in the United
States, being a Federal law, is enforced by the United States Department of Justice.
This is why you often see "FBI Warning" on rented videos.
The Library of Congress
serves as a copyright registration center. Though it's not necessary to register
a copyright, there are advantages - primarily in case disputes arise, the Library
can give evidence on behalf of authors who register their copyrights.
Software Copyright
Copyright law endows the
owner with the privilege of allowing or forbidding others to copy, distribute,
perform, display, or create derivative works. This is done through a licence
which is sold to interested customers.
Notice what you buy
when you purchase "software": you are purchasing a license. The Library
of Congress Copyright Office says, "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." (U.S.
Library of Congress, "Copyright Basics", Circular 1 page 2 under "Two General
Principles", http://lcweb.loc.gov/copyright/circs/circ01.pdf)
Types of License
There are several general
types of software licenses, but it is necessary to read each license to know
the details. The general kinds are:
- Commercial Applications:
software you buy in stores or through catalog orders. They generally allow
the software to be used only on one computer. Some licenses allow you to install
the software on more than one computer, as long as there is no chance that
it will be used on both computers at once. Others limit the installation strictly
to one CPU.
- Operating Systems:
Since this is generally provided with a computer, it is universally restricted
to use on one CPU.
- LAN Packs: Targeted
at local area networks, a LAN pack generally consists of one master set of
disks and manuals, with a license to install or use the software on a certain
number of computers. Much less expensive than buying individually boxed software.
- Site Licenses:
Allows the use of software on all machines, present and future, at a given
institution. The cost is generally based on the size of the organization.
- Educational or
Academic Licenses: There are several varieties. Some are granted with
the purchase of a certain textbook. For example, the publisher of Smith &
Christoph Using Microsoft Works for Windows provides LAN packs to colleges
based on the number of textbooks sold.
Another type of educational license is available to individuals who are students
or staff at a college. They make software available at a reduced rate, but require
the buyer to sign an agreement not to use the software "in a commercial
environment" (or similar wording).
- Shareware is
copyrighted software that uses an unconventional distribution system: rather
than advertise and sell the software in stores, you are encouraged to try
it and pass it along to your friends. If you like it, you are encouraged to
register by paying a modest fee.
- Freeware may be copyrighted or not.
If copyrighted, it must specifically permit free copying and use. That's the
copyright owner's privilege, after all. Many permit individuals to use copies
freely, but require organizations to pay a fee. They usually also forbid others
from selling the software for profit.
If not copyrighted, the software needs to say that it is placed "in the public
domain". This is necessary since intellectual property is "automatically" copyrighted
as soon as it exists in some fixed form.
Documents and Art
In addition to software, there
is a great wealth of material on the Internet and on CD-ROM:
- Textual information
- Databases
- Artwork
- Videos
- Music
- Spoken text
All of this is copyrighted
unless it is specifically made available by the copyright owner. In some cases,
the owner may have a statement telling you what you may do. If not, you must assume
that only"fair use" can be made of the material.
Citing Material from Computer Sources
If you decide to use information
from the Internet or other computer source for school or other research work,
you will probably be covered by the Fair Use doctrine. But: be sure
to write exactly where the information came from. Include the author and title;
in most cases, information will be from a Web site, and the URL should take the
place of the publication information.
References
Much of the information
here is based on these useful sources:
Audience:
This guide
is for people who will be using computers,and need general guidelines on copyright
issues. No computer experience is necessary.
Objectives
When you successfully complete this lesson, you will be able
to...
- Define the term
"copyright"
- List at least
two general types of materials available on computers which may be copyrighted
- List at least
four major types of software licenses
- Recognize intellectual
property that is under copyright
- Discuss what
constitutes legal copying under the "fair use" doctrine
About this document...
Module A05c: The Computer User's Guide to Copyright
See also A06c,
"Software Copyright" for more detail on software licenses and issues.
- Author:
- Laurence
J. Krieg
- Institution:
- Internet
Professional Department and Department
of Computer Information Systems, Washtenaw
Community College
- History:
- Original: 17
Feb 1997; Minor update 1 Feb 1999; links updated 31 Jan 2000.
This version uploaded
Monday, 31-Aug-2009 11:47:55 EDT
- Copyright:
- Copyright ©
2000, Laurence J. Krieg.
Instructors: You may point to this file in your Web-based materials.
Students: you may make a copy for your personal use.
All other uses: contact the author, Laurence
J. Krieg for permission.