A recent post asks about AOL and copyright policy.
I think that what the writer refers to as a "collective" may really be
that class of works known as a "compilation" -- "an original gathering
and presentation of other works, possibly including or entirely
consisting of works in the public domain." (cf. pp. 272ff, Dorr &
Munch, "Protecting Trade Secrets, Patents, Copyrights, and
Trademarks," 2nd ed., Wiley, New York, 1995). These can be
copyrighted; however, permission is still needed to use copyrighted
work in a compilation. (Magazine and journal issues are usually
considered collective works.)
I have read elsewhere that CompuServe also claims a "compilation"
copyright in the materials posted on their service.
As to the comment that "all public posts on the board are public
domain," I will review the rules governing my AOL account when I next
log onto that service.
Ed Barnas
Director, Journals, Raven Press, New York
ebarnas[_at_]ravenpress.com [also EdBarnas[_at_]aol.com]
______________________________ Reply Separator ____________________________
> Subject: AOL and copyright lawsRe: riff stealing in music industry
> Author: cni-copyright[_at_]cni.org at smtpgwy
> Date: 2/15/95 8:50 PM
>
>
> I just got off the phone with a nice gentleman at AOL who told me that all
> public posts on the board are public domain OR AOL has a license, based on
> their terms of service agreement, to edit, remove, move, or alter those
> posts. In the Terms of Service, there is also an indication that both AOL
> and the user hold a copyright in the work, because it is a joint work (I
> think they actually call it a collective work).
>
> Is anyone here familiar with AOL's rules, or can give me further input
> about this-it seems obvious that AOL has the right to edit the boards, and
> that there can be no expectation of privacy on a public board, but how can
> that make something public doman? or how can something be a collective
> work? Is it because AOL supplies the software & interfact for reading,
> posting and downloading, and therefore the "writing" would not be possible
> without AOL's interface/input?
> I think I'm talking in a circle!
>
> Heidi Howard
> hhoward[_at_]cap1.capaccess.org * You may know what you need but
> or * to get what you want, better see
> penny115[_at_]aol.com * that you keep what you have.
> Opportunityu is NOT a lengthy visitor...
Received on Thu Feb 16 1995 - 15:16:02 GMT