PHIL: And The Bsat Goes On

Len Bullard ([email protected])
Fri, 1 Dec 1995 12:03:31 -0600


>From what I've seen of this disussion, it
doesn't appear that many of the contributors
have dealt directly with copyrights. I have and do.

1. Registry of copyright is a formality. Again,
the copyright is effective when you affix something
in a form. You are advised to also insert in a
clearly recognizable place, the notice of copyright
(a symbol, a date, the copyright owner).

2. Don't confuse copyrights with patents.

3. Registry of a copyright with the U.S
office simply means that the office can
attest to your registration, the date, and
the contents of the item copyrighted on that
date. There is no obligation by the US
Government to prosecute. In fact, it
is a civil action and you will pay for it.

4. There are other issues than that of
copyright ownership such as assignment
of publication rights. These are complex.
If you are THAT worried, get a lawyer to
help you.

5. There are multiple forms available.
Using the wrong form will ruin your
whole season as you will be on the phone
with the copyright office while they undo
the tangle. They find out months or even
a year after you send in the forms. That
usually means what you thought you had
protected and therefore released, wasn't.
Understand this clearly. You have the
copyright by fixing the work. You have
the government's help by filling out the
right forms correctly and sending them
the fee.

6. A work for hire belongs to the employer.

7. There can be multiple parties to a copyright.

This is simple:

1. Put a copyright notice in an info node.
2. Put a notice for every object you use.
3. Notify the originator of intent to reuse.
4. Use good common sense
about what constitutes reuse.
5. Understand what a derivative work is
in the sense of copyright law.

If you attempt to copyright a technique, you
are in error. That is a patent, but don't
expect to be awarded one. What is
expressible in the language of VRML
will not usually be patentable. The technique
is patentable. Its expression in VRML is
copyrightable, but the issue of
granularity (use of objects) and
fair usage will probably be tested in
civil suits. As others in the predatory
communities of the computer industries
have discovered, patents are expensive
to get, but also expensive to keep.

Fair usage typically does
cover such actions as using information
published publically for purposes of
education. No, you can't steal a whole
scene. Yes, you can cite anything.
If they cite you, that is fair usage.
This varies by size of citation. The
use of inlines complicates this as it
is not a bibliographic citation. This
will occupy many a civil suit action.

Publishers in the Internet media must
face up to the issues of using such a
public and unregulated broadcast
network for distribution of their works.
You have spawned a whole new area
of law and lawyers. (Fabulous.) However,
before y'all spawn yet_another_list, please
call the Office of Copyright in Washington
DC and get the right information. (I'll try
to find the number and post it.)

You are ALREADY covered by these laws. What you
will discover is that the Internet media exacerbates
the problem, but is not the problem. Yes,
you can do as the music industry has done
and put a digital signature in your model
that all certified VRML browsers have to
look for and do the right thing when found.
This was the response of the music associations
to digital audio tape and VCR technology.
The lobbies which got legislation requring
this technology were the consortia of recording
artists, authors, etc. You need one.

A converter is how one steals. It is the act, not
the technology that has to be regulated. Unfortunately,
legislation can be drafted that restricts technology
as was demonstrated by the recording industry.
So, Tim Wegner, they can make us build in safeguards.
It sucks, but it can happen so these issues will
overlap. But it still sucks.

Mailing the CD to yourself by Federal or private
is an old dodge used by songwriters to duck the
cost of copyright registration. It doesn't
hold up in court. It is an attempt
to get the Post Office or FedEx to act as s witness
on your behalf. Judges frown on it and
usually throw it out.

Remember:

1. The copyright exists as s function of
cesating the work in a fixed form.

2. The act of filling out the forms and
paying the government to store the model
is simply registration. The government consents
to act as s witness in the civil action but nothing
else.

3. The burden of proof of violation rests
with the accuser. So does the cost.

Now, what I think is really the issue here
is compensation for fair usage. You have
no recourse but formal distribution through
regulated means. That is, form a company
that sells VRML or join one.

ME? I'm hacking worlds and hoping somebody
likes them enough to steal them. I would
not consider putting anything on the Internet
at this time without that assumption.

Len Bullard


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