Re: Copyright Infringement Happening at Conference Group - Help!

On Tue, July 14, 1998, Brigid S. Delaney <wiredheart[_at_]hotmail.com> wrote:
>
> On Mon, 13 Jul 1998, John H. Lederer <johnl[_at_]ibm.net> wrote:
> >
> > 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.

I expected one of the attorneys to respond, but since none did ... I do think that this is exactly what the law now says.

> Does this mean - everything a person puts down on paper or keys in and
> sends (on use-net, listserv, e-mail) is copyrighted? I just sent several
> people in my department information on an upcoming event through our
> Lotus Notes. Does this mean it is copyrighted?

I believe so.

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

What the law says is that everything has copyright once it is fixed in a tangible medium of expression. Email does this, so email qualifies. Remember, there is now a difference between having a copyright and registering that copyright. Registering it qualifies you for statutory damages. Not registering disqualifies you wrt statutory damages, but it doesn't prevent you from taking legal action against people who infringe your copyright.

> Could you indicate the specific text in the Berne Convention that
> remarks that "all material" is copyrighted?

I'll defer to someone more familiar with the text of the Convention ....

> Is it all material by an author/artist? Or "all material" from just
> anyone? A five year old who crayons a picture?

Yes. Yes. Yes.

> I'm not trying to be difficult. I would really like to understand this
> better. I can't use the (copyright) law in defense of my work if I do
> not fully understand it.

I have also learned a great deal from this forum, and I appreciate it. As I understand it, ALL material receives copyright protection as soon as it is fixed. Of course, if someone steals your work and you have no proof that it was yours, your case becomes very difficult. This is one of the reasons that it is a good idea to register anything you consider it important to protect. But the fact that it isn't registered or doesn't carry a copyright notice no longer means that something is not under copyright. And, yes, those scribblings by a 5-year-old could be registered with the Copyright Office if the child or guardian chose to do so. After all, the designation 'author/artist' is simply a label, established after the fact of creation. Who knows what the future of that 5-year-old will be ... and if she's the 'next Picasso', those scribblings might be worth something some day.

Laureen C. Urquiaga
Hunter Law Library, Brigham Young University urquiagal[_at_]lawgate.byu.edu Received on Wed Jul 15 1998 - 15:13:48 GMT