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PSP
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10
Big Myths about copyright explained
By
Brad Templeton
1)
"If it doesn't have a copyright notice, it's not copyrighted."
This was
true in the past, but today almost all major nations follow the Berne copyright
convention. For example, in the USA, almost everything created
privately after April 1,
1989 is
copyrighted and protected whether it has a notice or not. The default you
should assume for other people's works is that they are copyrighted and
may not be copied unless you *know* otherwise. There are some old
works that lost protection without notice, but frankly you should not risk
it unless you know for sure.
It is true
that a notice strengthens the protection, by warning people, and by allowing
one to get more and different damages, but it is not necessary. If
it looks copyrighted, you should assume it is. This applies to pictures,
too. You may not scan pictures from magazines and post them to the
net,
and if
you come upon something unknown, you shouldn't post that either.
The correct
form for a notice is: "Copyright <dates> by <author/owner>" You can
use C in a circle instead of "Copyright" but "(C)" has never been given
legal force. The phrase "All Rights Reserved" used to be required
in some nations but is now not needed.
2) "If I
don't charge for it, it's not a violation."
False.
Whether you charge can affect the damages awarded in court, but that's
essentially the only difference. It's still a violation if you give
it away -- and there can still be heavy damages if you hurt the commercial
value of the property.
3) "If it's
posted to Usenet it's in the public domain."
False.
Nothing is in the public domain anymore unless the owner explicitly puts
it in the public domain(*). Explicitly, as in you have a note from
the author/owner saying, "I grant
this to
the public domain." Those exact words or words very much like them.
Some argue
that posting to Usenet implicitly grants permission to everybody to copy
the posting within fairly wide bounds, and others feel that Usenet is an
automatic store and forward network where all the thousands of copies made
are done at the command (rather than the consent) of the poster.
This is a matter of some debate, but even if the former is true (and in
this writer's opinion we should all pray it isn't true) it simply would
suggest posters are implicitly granting permissions "for the sort of copying
one might expect when one posts to Usenet" and in no case is this a
placement
of material into the public domain. Furthermore it is very difficult
for an implicit licence to supersede an explicitly stated licence that
the copier was aware of.
Note that
all this assumes the poster had the right to post the item in the first
place. If the poster didn't, then all the copies are pirate, and
no implied licence or theoretical reduction of the copyright can take place.
(*) Copyrights
can expire after a long time, putting someting into the public domain,
and there are some fine points on this issue regarder older copyright law
versions. However, none of this applies to an original article posted
to USENET.
Note that
granting something to the public domain is a complete abandonment of all
rights. You can't make something "PD for non-commercial use."
If your work is PD, other people can even modify one byte and put their
name on it.
4) "My posting
was just fair use!"
See other
notes on fair use for a detailed answer, but bear the following in mind:
The "fair
use" exemption to copyright law was created to allow things such as commentary,
parody, news reporting, research and education about copyrighted works
without the
permission
of the author. Intent, and damage to the commercial value of the
work are important considerations. Are you reproducing an article
from the New York Times because you needed to in order to criticise the
quality of the New York Times, or because you couldn't find time
to write your own story, or didn't want your readers to have to pay to
log onto the online services with the story or buy a copy of the paper?
The former is probably fair use, the latter probably aren't.
Fair use
is almost always a short excerpt and almost always attributed. (One
should not use more of the work than is necessary to make the commentary.)
It should not harm the
commercial
value of the work (which is another reason why reproduction of the entire
work is generally forbidden.)
Note that
most inclusion of text in Usenet followups is for commentary and reply,
and it doesn't damage the commercial value of the original posting
(if it has any) and as such it is
fair use.
Fair use isn't an exact doctrine, either. The court decides if the
right to comment overrides the copyright on an indidvidual basis in each
case. There have been cases that
go beyond
the bounds of what I say above, but in general they don't apply to the
typical net misclaim of fair use. It's a risky defence to attempt.
5) "If you
don't defend your copyright you lose it."
False.
Copyright is effectively never lost these days, unless explicitly given
away. You may be thinking of trade marks, which can be weakened
or lost if not defended.
6) "Somebody
has that name copyrighted!"
You can't
"copyright a name," or anything short like that. Titles usually don't qualify
-- but I doubt you may write a song entitled "Everybody's got something
to hide except for me and my monkey." (J.Lennon/P.McCartney)
You can't
copyright words, but you can trademark them, generally by using them to
refer to your brand of a generic type of product or service. Like
an "Apple" computer. Apple Computer "owns" that word applied to computers,
even though it is also an ordinary word. Apple Records owns it
when applied
to music. Neither owns the word on its own, only in context, and
owning a mark doesn't mean complete control -- see a more detailed treatise
on this law for details.
You can't
use somebody else's trademark in a way that would unfairly hurt the value
of the mark, or in a way that might make people confuse you with the real
owner of the mark, or which might allow you to profit from the mark's good
name. For example, if I were giving advice on music videos, I would be
very wary of trying to label my works with a name like "mtv." :-)
7) "They
can't get me, defendants in court have powerful rights!"
Copyright
law is mostly civil law. If you violate copyright you would usually
get sued, not charged with a crime. "Innocent until proven guilty"
is a principle of criminal law, as is "proof beyond a reasonable doubt."
Sorry, but in copyright suits, these don't apply the same way or at all.
It's mostly
which side
and set of evidence the judge or jury accepts or believes more, though
the rules vary based on the type of infringement. In civil cases
you can even be made to testify against your own interests.
8) "Oh,
so copyright violation isn't a crime or anything?"
Actually,
recently in the USA commercial copyright violation involving more than
10 copies and value over $2500 was made a felony. So watch out.
(At least you get the protections of criminal law.) On the other
hand, don't think you're going to get people thrown in jail for posting
your E-mail. The courts have much better things to do than
that. This is a fairly new, untested statute.
9) "It doesn't
hurt anybody -- in fact it's free advertising."
It's up
to the owner to decide if they want the free ads or not. If they
want them, they will be sure to contact you. Don't rationalize whether
it hurts the owner or not, *ask* them. Usually that's not too hard
to do. Time past, ClariNet published the very funny Dave Barry column
to a large and
appreciative
Usenet audience for a fee, but some person didn't ask, and forwarded it
to a mailing list, got caught, and the newspaper chain that employs Dave
Barry pulled the column from the net, pissing off everybody who enjoyed
it. Even if you can't think of how the author or owner gets hurt,
think about
the fact that piracy on the net hurts everybody who wants a chance to use
this wonderful new technology to do more than read other people's flamewars.
10) "They
e-mailed me a copy, so I can post it."
To have
a copy is not to have the copyright. All the E-mail you write is
copyrighted. However, E-mail is not, unless previously agreed, secret.
So you can certainly *report* on what E-mail you are sent, and reveal what
it says. You can even quote parts of it to demonstrate. Frankly,
somebody who sues over an ordinary message might well get no damages, because
the message has no commercial value, but if you want to stay strictly in
the law, you should ask first. On the other hand, don't go nuts if
somebody posts your E-mail. If it was an ordinary non-secret personal letter
of minimal commercial value with no copyright notice (like 99.9% of all
E-mail), you probably won't get any damages if you sue them.
--------------------------
In Summary ---------------------------
These days,
almost all things are copyrighted the moment they are written, and no copyright
notice is required.
Copyright
is still violated whether you charged money or not, only damages are affected
by that.
Postings
to the net are not granted to the public domain, and don't grant you any
permission to do further copying except *perhaps* the sort of copying the
poster might have expected in the ordinary flow of the net.
Fair use
is a complex doctrine meant to allow certain valuable social purposes.
Ask yourself why you are republishing what you are posting and why you
couldn't have just rewritten it in your own words.
Copyright
is not lost because you don't defend it; that's a concept from trademark
law. The ownership of names is also from trademark law, so don't
say somebody has a name copyrighted.
Copyright
law is mostly civil law where the special rights of criminal defendants
you hear so much about don't apply. Watch out, however, as new laws are
moving copyright violation into the criminal realm.
Don't rationalize
that you are helping the copyright holder; often it's not that hard to
ask permission.
Posting
E-mail is technically a violation, but revealing facts from E-mail isn't,
and for almost all typical E-mail, nobody could wring any damages from
you for posting it.
-----------------------------------------------------------
Permission
is granted to freely copy this document in electronic form, or to print
for personal use. If you had not seen a notice like this on
the document, you would have to assume you did not have permission to copy
it. This document is still protected by you-know- what even though it has
no copyright notice.
Organizing
Your Tubes
So you have
found or created a lot of neat tubes that you want to use. Well,
you need to think about organizing them. One thing that you do not
want to do is to store ALL of your tubes in the PSP tubes folder.
The PSP tubes folder can only handle so many tubes. Too many and
it will cause PSP to have a long load time and to crash. Plus, you
want to be able to find your tubes easily.
So it is
best to set up folders on your hard drive (c: ). Create a master
folder. I called mine Tubes. Inside that folder, create new
folders for each category of tube you are collecting. Some categories
are angels, animals, dragon, and people. In this way you can find
your tubes quicker.
Then when
you unzip your tubes, move them into the appropriate category folder.
Now you can do this straight from the winzip. When you get to the
selected folder box in the unzip steps, then click on "select another folder"
button and browse your pc until you find the category folder and choose
it.
I also organize
my selections in this way.
Here are
a few offsite tutorials for helping you to organize your tubes:
Tube
Control in PSP7
Importing
Tubes
Tutorial Index
 
© Dragon's
Breath (aka The Dragon Lord), 2002, 2003. This background set was created
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Do Not take any of
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Credit is given where
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