Re: Non-disclosure agreements

At 4:44 PM 4/8/94 -0400, harvey perlman wrote:
> ... Recognizing that there are
>circumstances in which one can achieve a copyright in the compilation
>of public domain informtion, may explain the contract of commercial
>providers.

Some companies always add their copyright to re-published public domain material whether the circumstances warrant or not. Many consumers (libraries, educational institutions, businesses, and individuals) wish to honor all copyrights they see. And there is the real problem...

Such statements of copyright are having a very chilling effect on the dissemination of public domain material.

(note that this applies to the other discussion here about fair use and section 107 v section 108)

When someone claims a copyright on something, many people will avoid duplicating it regardless of the merits of the allegation of copyright. In these litigious times, some companies making unfounded allegations of copyright will even send "attorney" letters to those it thinks are infringing -- increasing the chilling aspect, for many entities can not afford to a legal fight even when they're right.

I do believe that society as a whole would be vastly improved if:

(a) Copyright notices were required. I believe that the concept of no notice required from Berne works very effectively AGAINST highly developed, technological societies (e.g. the US which is the primary publisher of digital media worldwide).

(b) There were a penalty for falsely claiming copyright when one is not entitled to it.

---
Glenn Tenney
tenney[_at_]netcom.com   Amateur radio: AA6ER
(415) 574-3420      Fax: (415) 574-0546