b***@public.gmane.org
1999-06-15 14:13:30 UTC
What a useful exchange!
My impression is that when we write to a public list, what we say
enters the public domain and is free for anyone to read and copy. A
politician giving a speech is in much the same situation.
There are, of course, ways to copyright our products, and copyright
imposes some limitation on how how our productions can be used: use
must not be at the expense of producers. I don't know that copyright
prevents anywone from simply reading what is written, however, when
there is no real or potential commercial interest involved.
On the other hand, while I claim no legal expertise at all in such
matters, there seem to be precedents for implied copyright. Years ago,
jazz composers used to mail themselves a copy of their works and leave
the returned envelope unopened. Apparently if the issue came up in
court, the envelop's contents could be used to establish priority of
creation.
So, while I suspect Jon's agreement with Chuck, explicit or not, may
not have been necessary to protect Chuck's copyright, I'm not sure
that such an implicit copyright would prevent making available works
already in the public domain by creating an archive for them so that
they could be reread.
Does copyright have to do with commercial law? If so,it is designed
only to prevent commercial loss, or does it aim to protect privacy?
Surely one can't insist on privacy for works already in the public
domain, and the archive is not a commercial venture.
Fair use doctrine seems to limit the commerical protection in
situations were it would be difficult to compensate authors and where
doing so would hinder education or scientific advance. The law in
recent years has limited fair use doctrine and seems to extend
copywrite beyond mere questions of commercial interest, but I wonder
if that legal trend might not ultimately prove mistaken.
I see the archive as in some way fair use in the sense that it is a
convenience for people who already in principle had access to the
material, and Chuck has not implied he has any commercial interest in
his contributions. This seems a cloudy issue in law and is presently
under debate. But I wonder if it is the consensus of this forum that
our communcations, particularly our contributions to a dialog, are
implicitly commecial or do they become commercial only when we tag our
contributions as such? Some people do this, incidentally, but it is
nearly always in connection with an extended formal presentation of
some kind, not part of an informal dialog.
So let me pose a set of questions:
1. Does an archive of documents that are already in the public domain
enjoy any more or less protection in law than the documents it holds?
In this case, I assume Chuck meant his original submissions to be
accessible for reading and printing out if the reader found that
useful.
2. Copyright is national law, and while there are efforts toward
international agreements, that seems still off in the
distance. Internet, on the other hand, is inherently
international. Does this privilege an on-line archive in some way?
There are countries that have shut down embarassing web sites, and
there are powerful countries that have brought pressure to bear on
other countries to close down web sites they find politically
inconvenient, but ultimately, it is impossible to close or control an
Internet resource and therefore to enforce copyright law?
3. In a digital era, documents can be reproduced perfectly and in
great quantity at little cost, Illicit video and audio tapes and computer
software apparently threaten to become more common than legitimate
copies. The music industry has been forced to rethink its commercial
model. Does all this imply that the use of copyright to protect authors'
commercial interests will soon become obsolete? As in my previous
point, is a hopeless defense of an obsolete model to protect authors
standing in the way of developing alternatives?
4. Then, as for the moral dimension, is the widest possible diffusion
of works of artistic or literary creation inherently democratic and
most conducive to social welbeing? If so, does that mean that
copyright is inherently pernicious and some other model is needed to
support and protect authors? I assume that if society benefits from
artistic and scientific productions, then society ought to subsidize
the creators of those productions. Otherwise, only the relatively
advantaged will have access to what is so necessary for personal
development.
Haines Brown
My impression is that when we write to a public list, what we say
enters the public domain and is free for anyone to read and copy. A
politician giving a speech is in much the same situation.
There are, of course, ways to copyright our products, and copyright
imposes some limitation on how how our productions can be used: use
must not be at the expense of producers. I don't know that copyright
prevents anywone from simply reading what is written, however, when
there is no real or potential commercial interest involved.
On the other hand, while I claim no legal expertise at all in such
matters, there seem to be precedents for implied copyright. Years ago,
jazz composers used to mail themselves a copy of their works and leave
the returned envelope unopened. Apparently if the issue came up in
court, the envelop's contents could be used to establish priority of
creation.
So, while I suspect Jon's agreement with Chuck, explicit or not, may
not have been necessary to protect Chuck's copyright, I'm not sure
that such an implicit copyright would prevent making available works
already in the public domain by creating an archive for them so that
they could be reread.
Does copyright have to do with commercial law? If so,it is designed
only to prevent commercial loss, or does it aim to protect privacy?
Surely one can't insist on privacy for works already in the public
domain, and the archive is not a commercial venture.
Fair use doctrine seems to limit the commerical protection in
situations were it would be difficult to compensate authors and where
doing so would hinder education or scientific advance. The law in
recent years has limited fair use doctrine and seems to extend
copywrite beyond mere questions of commercial interest, but I wonder
if that legal trend might not ultimately prove mistaken.
I see the archive as in some way fair use in the sense that it is a
convenience for people who already in principle had access to the
material, and Chuck has not implied he has any commercial interest in
his contributions. This seems a cloudy issue in law and is presently
under debate. But I wonder if it is the consensus of this forum that
our communcations, particularly our contributions to a dialog, are
implicitly commecial or do they become commercial only when we tag our
contributions as such? Some people do this, incidentally, but it is
nearly always in connection with an extended formal presentation of
some kind, not part of an informal dialog.
So let me pose a set of questions:
1. Does an archive of documents that are already in the public domain
enjoy any more or less protection in law than the documents it holds?
In this case, I assume Chuck meant his original submissions to be
accessible for reading and printing out if the reader found that
useful.
2. Copyright is national law, and while there are efforts toward
international agreements, that seems still off in the
distance. Internet, on the other hand, is inherently
international. Does this privilege an on-line archive in some way?
There are countries that have shut down embarassing web sites, and
there are powerful countries that have brought pressure to bear on
other countries to close down web sites they find politically
inconvenient, but ultimately, it is impossible to close or control an
Internet resource and therefore to enforce copyright law?
3. In a digital era, documents can be reproduced perfectly and in
great quantity at little cost, Illicit video and audio tapes and computer
software apparently threaten to become more common than legitimate
copies. The music industry has been forced to rethink its commercial
model. Does all this imply that the use of copyright to protect authors'
commercial interests will soon become obsolete? As in my previous
point, is a hopeless defense of an obsolete model to protect authors
standing in the way of developing alternatives?
4. Then, as for the moral dimension, is the widest possible diffusion
of works of artistic or literary creation inherently democratic and
most conducive to social welbeing? If so, does that mean that
copyright is inherently pernicious and some other model is needed to
support and protect authors? I assume that if society benefits from
artistic and scientific productions, then society ought to subsidize
the creators of those productions. Otherwise, only the relatively
advantaged will have access to what is so necessary for personal
development.
Haines Brown