Re: copyrighted forms

On Mon, Oct 11, 1999, Robert Cumbow <rcumbow[_at_]grahamdunn.com> wrote:
>
> 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.

In my industry, these forms would be the "Input Forms" for Residential, Commercial, Leases, which describe building, lots , bedrooms, bathrooms, etc. They are fill in the blanks. Other "forms" would be earnest money contracts, inspection riders, backup addendums and disclosure forms.

All the "forms" are made for the members of a Multiple Listing Service. There are probably between one and two million members of varying MLS's in the United States and Canada. Many of them have Earnest Money forms, but lesser have Listing input forms.

I have always keep my forms to myself as a competitive edge, which may have been a mistake, considering the volume that could be produced if even 10% used them.

I really do appreciate all the response and good advise.

Greg Erkins
<gerkins[_at_]gci.net> Received on Tue Oct 12 1999 - 20:14:34 GMT