Re: Copyright Infringement Happening at Conference Group - Help!

From: David Swarbrick <David[_at_]swarb.demon.co.uk>
Date: Wed, 15 Jul 1998 13:06:58 +0100

Brigid S. Delaney <wiredheart[_at_]hotmail.com> writes:
>
> On Mon, 13 Jul 1998, John H. Lederer <johnl[_at_]ibm.net> wrote:
> >
> > Would you like to take a stab at explicating why someone taking
> > something off the web violates copyright, but your repeating of the
> > entirety of Brigid's message does not?
> >
> > I really think that we made an error when we subcribed to the berne
> > convention and made the assumption that all material is "copyrighted".
> > Cleary the author does not intend that to be the case for some, and by
> > asserting that all is without notice, we merely end up with no way to
> > tell what it is wrong to copy and what it is not.
> >
> > Here in Wisconsin, we had for over a century a simple standard of
> > trespass. It was illegal to enter land that was posted or that was
> > fenced, but not illegal to enter open land. Recently the legislature
> > changed the statutes. Now the law suffers from constantly being
> > broken.
>
>
> John, your paragraph:
>
> > I really think that we made an error when we subcribed to the berne
> > convention and made the assumption that all material is
> > "copyrighted".
>
> I don't think that is correct - that *all* material is copyrighted.
> Everything which is of a copyrightable nature receives protection once
> fixed in permanent form. There are many exceptions, and the exceptions
> differ from country to country, but the default is that protection is
> given.
>
> Does this mean - everything a person puts down on paper or keys in and
> sends (on use-net, listserv, e-mail) is copyrighted?

In the way you mean it, yes, but wit hsome exceptions

> I just sent several people in my department information on an upcoming
> event through our Lotus Notes. Does this mean it is copyrighted?

Yes

> I think it gets confusing when it comes to e-mail and/or different forms
> of "written" communication. It does for me.

Where does the confusion arise?

> Could you indicate the specific text in the Berne Convention that
> remarks that "all material" is copyrighted? Is it all material by an
> author/artist? Or "all material" from just anyone? A five year old
> who crayons a picture?

'from just anyone'

-- 
David Swarbrick, Solicitor  
http://www.swarb.co.uk/swarbrick/ (office)  'a damn fine web-site'
http://www.swarb.demon.co.uk/ (home)
<david[_at_]swarb.demon.co.uk>
Received on Wed Jul 15 1998 - 14:47:46 GMT

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