Re: copyrighted forms

On Fri, Oct 08, 1999, Thomas Workman <tworkman[_at_]erols.com>
>
> On Thu, 7 Oct 1999, Greg Erkins <gerkins[_at_]gci.net> wrote:
> >
> > Can a person who is authorized to use certain copyrighted forms
>
> In the US, forms may not be copyrighted. Anyone can place a
> copyright notice on a form, but that does not "make it so". You
> can also put a copyright notice on a slogan, and again, no copyright
> will be present.
>
> > take those forms and put them in a computer program that would
> > generate those forms, create a database and use them under fair
> > use?
>
> A fair use analysis requires much more information.
>
> > Can that same person sell that newly created program to someone that
> > is authorized to use those same forms?
>
> You need to contact an attorney to evaluate liability. If there is a
> license agreement for the forms, then protection of the forms may be
> effective under the license, even though copyright may not apply.
>
> > Does not the newly created program belong to the person that developed
> > it while the forms on paper without the use of a program still belong
> > to the original copyright owner?
>
> Not necessarily, again, an attorney can sort out who the "owner" and
> "author" are at law. This is not an analysis that can be done over
> the 'net.
>
> > Would the original copyright owner if they wanted to used the program
> > have to pay or be licensed by the person that wrote the program just
> > like anyone else?
> >
> > Would the answer be the same in all countries?
>
> Not necessarily, an attorney would analyze the situation in the
> countries that your were concerned about...
>
> > I would appreciate any insight.
>
> If this is more than a curiosity, contact an intellectual property
> attorney. If you are in Massachusetts, contact me by email and I
> can discuss how I can represent you in this important matter.

One thing Tom didn't mention is that it's not always clear what is a "form" and what is not. Generally copyright protection does not apply to "blank forms" -- but even those may sometimes contain enough original expression to enjoy SOME protection. When it comes to form documents ("standard forms" rather than "fill-in-the-blank forms"), many of them enjoy copyright protection. Several insurance companies, for example, have been able to enjoin other insurers from copying substantial portions of their policy forms.

I second Tom's conclusion: consult an attorney.

Bob

Robert C. Cumbow
> Graham & Dunn, P.C.
> 1420 Fifth Avenue, 33rd Floor
> Seattle, Washington 98101-2390
> Phone: 206-340-9619
> Fax: 206-340-9599
> E-mail: rcumbow[_at_]grahamdunn.com
> Website: http://www.grahamdunn.com/
Received on Mon Oct 11 1999 - 18:28:49 GMT