#Copywrite
6 messages in this thread
Dear Everybody,
If I/we/you place any text herein or on the Internet, does that text
have copywrite protection, even though we do not place in the text the legal
words "Copywrite 1994, Author's Name." Some people say yes. I think not. I do
not see an author being able to sue any party that lifts a line or lines from
Compuserve or the Internet.
Is there a lawyer in the house?
This is in reference to electronic newlsetter submissions. I contend
that a paper copy of the article must be prepered and sealed with the date and
the proper copywrite notice to protect it in court.
This is not a big deal unless somebody lifts your work and makes a
profit.
What think you?
Regards, Sanford
San, my man, the Bugmeister
Saw a message regarding "broadcast" adressed to Kevin
but it wasn't my CIS number.
I did extend a warm hello via the SEN command the other day.
Soooo, if you was tawkin at me… I'd be glad to 'splain.
Just let me know if I'm the Kevin you were shootin for….
Kevin [ 75313,620 ]
___________________________________________________________________________
RE: the Copyright thing…. in Basic Services…
GO RUL-20 will produce the:
COMPUSERVE ONLINE INFORMATION SERVICE AGREEMENT TERMS
Bugman, check out Rule 8
8. Except as expressly permitted in the Operating Rules, neither
member nor its designated users may reproduce, redistribute,
retransmit, publish or otherwise transfer, or commercially
exploit, any information, software or other content which
they receive through the Service.
GO RUL-12 will deliver this bit of info:
MAY I DOWNLOAD AND RESELL A PROGRAM FROM A COMPUSERVE FORUM DATA LIBRARY?
Commercial exploitation of material contained on the CompuServe Information
Service is specifically prohibited by the CompuServe Service agreement, to
which each member agrees before being permitted to access the Service.
Therefore, members cannot lawfully download and redistribute public
information or shareware programs for personal gain.
In addition, mass redistribution of public domain information or shareware is
also prohibited. Mass distribution is defined as high frequency and/or high
volume transfers.
Here's some other stuff:
GO RUL-30
…
The following information will address some commonly-asked questions about
copyright and ownership of material, particularly as it relates to public
domain information and shareware programs.
GO RUL-4 Gives you this menu
Copyright/Ownership RUL-4
1 Compilation Copyright
2 Ownership of Information
3 Copyrighted, Public Domain
and Shareware Programs
4 Download For Personal Use
5 Redistribution of Information
6 Commercial Use/Redistribution
7 Penalty for Violations
GO RUL-5
WHAT IS A COMPILATION COPYRIGHT?
CompuServe has copyrighted the contents of the CompuServe Information Service
as a compilation copyright, just as many magazines and newspapers reserve
such a copyright on the contents of their publications. This copyright is
held in accordance with the 1976 Copyright Act of the United States.
A compilation copyright is granted when an organization collects information
in a lawful way, adds value to it, and offers it to others. In this case, the
CompuServe Information Service is a value-added product; CompuServe Inc.
has committed substantial financial resources to collecting more than
1700 areas on the service and offering them in an organized, structured way to
a defined user base through a nationwide telecommunications network.
The compilation copyright is intended to protect that substantial investment
from unauthorized exploitation. This does NOT mean that CompuServe assumes
ownership of individual programs and databases provided to the system by
members or information providers.
GO RUL-7
IF I UPLOAD A SOFTWARE PROGRAM I'VE DEVELOPED TO COMPUSERVE, DO I STILL RETAIN
OWNERSHIP OF THE PROGRAM?
Yes, you do. CompuServe's compilation copyright does NOT supersede individual
ownership rights or copyrights to any of the material furnished to the Service
by members or information providers.
For example, a member who creates a program and uploads it to a CompuServe forum
data library STILL OWNS that program, and may upload it to other information
services and bulletin board systems.
It should be noted, however, that CompuServe cannot grant any redistribution
rights for materials copyrighted by the author, unless specifically authorized
to do so, CompuServe does not own the material or the copyright. These rights
must be obtained directly from the author.
GO RUL-10 lands you here:
MAY I DOWNLOAD PROGRAMS FROM COMPUSERVE FORUM DATA LIBRARIES AND SHARE THEM
WITH A FRIEND, OR UPLOAD THEM TO ANOTHER BULLETIN BOARD SYSTEM?
In keeping with the spirit of the development of public domain information and
shareware, it is not CompuServe's current policy to prevent casual
redistribution of this type of information — this is low volume and low
frequency use or redistribution of information where no commercialism is
involved. This means that a member may download a file and share it with
others for no commercial gain — either via a bulletin board service,
diskette, or other means.
A member may not, however, download a large number of files for redistribution
via any means, nor is it acceptable for a member to update another bulletin
board regularly with files obtained from CompuServe.
It's important to note that CompuServe cannot grant redistribution rights for
programs clearly copyrighted by the author, unless specifically authorized to do
so. Such permission must be obtained directly from the author of the program.
GO RUL-14
WHAT ARE THE PENALTIES FOR VIOLATING THE COMPILATION COPYRIGHT OR SERVICE
AGREEMENT PROVISIONS?
When a situation involving exploitation is brought to CompuServe's attention,
we investigate and, if warranted, remind the violator of the Service Agreement
Terms. If subsequent violations are reported, access to the CompuServe
Information Service may be terminated for the violator and, in extreme cases,
a letter is sent from our legal counsel asking that he or she cease and desist,
or risk further legal action.
This is done as a positive step to protect the value and use of the material
for CompuServe Information Service members, and to discourage unauthorized
redistribution of that material.
Sanford, GO RUL-31 produces the following:
WHAT IS COMPUSERVE'S STANCE TOWARD COPYRIGHTED, PUBLIC DOMAIN, AND SHAREWARE
PROGRAMS?
Each of these types of property have special characteristics, and deserves
separate explanation:
COPYRIGHTED MATERIAL
CompuServe does not allow copyrighted material to be placed on the CompuServe
Information Service without the author's permission. Only the owner(s) or
persons they specifically authorize may upload copyrighted material to the
Service.
Any member may download copyrighted material for their own use. Any member may
also non-commercially redistribute a copyrighted program with the expressed
permission of the owner or authorized person. Permission must be specified in
the document, on the Service, or must be obtained directly from the author.
See menu choices 5,6 and 7 for more information about redistribution guidelines.
PUBLIC DOMAIN
Any member may upload public domain programs to the Service. Any member may
download public domain programs for their own use or non-commercially
redistribute a public domain program. See menu choices 5,6, and 7 for more
information about redistribution guidelines.
SHAREWARE
Only the owner or an authorized person may upload shareware programs. Any
member may download shareware programs for their own use, subject to the terms
provided by the owner. Any member may non-commercially redistribute a
shareware program subject to the provided terms explicitly displayed in the
software itself, or with permission of the owner or authorized person.
See menu choices 5,6 and 7 for more information about redistribution
guidelines.
SOOOOOOO, I hope this covers the matter. Later for me….. Kev
WOW!
Yes. Thanks, Kevin…this is much appreciated. The message seems to say
"lay low and don't try to make a profit…then we won't bother you." Well, that
seems pretty nice. But, when money becomes the issue, look out. That business,
I guess.
So, about the message.. it likely was from you…I could have got the
numbers wrong.
dThanks again for finding this pile of rules. I havn't been that
interested until David started calling for articles and talked aboaut re-
publishing them. (which I think would be a good idea, if everybody gives
permission) Sounds like he can do it if he goes through channels properly.
Regards, Sanford
<<If I/we/you place any text herein or on the Internet,>>
As Kevin has so aptly shown, there are quite a few rules and regulations
regarding copyrighted information here on CompuServe. However, do not think
they also apply or are enforceable on the Internet. In order to access
Compuserve, you must Join a service and sign an agreement. This is not the case
for the Internet.
One of the biggest barriers to this issue on the Internet is: Who's rules do
you follow? The internet is multi-national, and not all rules or laws are the
same. And even if they were, there is no legal body to enforce them. So…play
it safe with the Internet. If you are posting something or making something
publicly available, you can EXPECT it to be copied and reused without your
permission, in fact, any reference to yourself might be totally stripped. That
is just the nature of the Internet. (Don't think I'm saying this is a bad
thing, I love my Internet. I'm just pointing out differences.)
-Brian
Brian,
Another fact of life. Well, the great dream about electronic
publishing being a boon to mankind has its downside. But, it doesn't mean I
wouldn't consider it now. But, it certainly makes me sit back and wonder about
the information highway. It should be called the "free" information highway.
Sanford
<< I do not see an author being able to sue any party that lifts a line or
lines from Compuserve or the Internet.>>
Oh yeah, from Compuserve, yes you can. It has been done. From the Internet, no
way. (although it is being done, I don't see success in their future.)
-b