Re: copyrighted forms

From: Greg Erkins <gerkins[_at_]gci.net>
Date: Fri, 8 Oct 1999 19:58:09 -0800

On Fri, Oct 08, 1999, Don Roemer <droe2[_at_]earthlink.net> wrote:
>
> On Thu, Oct 07, 1999, Greg Erkins <gerkins[_at_]gci.net> wrote:
> >
> > Can a person who is authorized to use certain copyrighted forms take
> > those forms and put them in a computer program that would generate
> > those forms, create a database and use them under fair use?
>
> First, can be be sure that they are registered? The Copyright Office
> rarely, if ever, allows forms to be registered. Let's assume so. Then
> one could logically assume that "authorized" can only be defined via the
> writing which gives "authorization." What does it say? The "license"
> will define the extent and scope of "use." Once that is determined then
> we can go on to the balance of your questions.
>
> I'm willing to bet that reproduction and resale may be out of the
> question as it probably is a source of income to the licensor.

The forms are earnest money agreements and yes they are income to the MLS, but they have not prohibited any reproduction by the members. They do the forms as a service, though some MLS's may use them as income as I have found out in other States.

Let say however that the forms where mandated in statue like in some states. We in Alaska have a state mandated Residential Property Disclosure forms. Since they would not be copyrighted then anyone could use them and anyone could put them into a computer program along with the other forms.

Greg Erkins
<gerkins[_at_]gci.net> Received on Sat Oct 09 1999 - 04:00:38 GMT

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