As promised in the preceding post, I will try to explain here the basics of copyright in the U.S.A. with the usual cop-out ‘I am not a lawyer and nothing I say should be considered legal advice.’
Copyright applies to things like written texts and photographs. Sound recordings are a special and complex situation prior to 1972, but I won’t even go into that here. Search the web for information specific to sound recording copyright if that applies to you.
Copyright applies to ‘creative works’ — and protects the form of expression, not facts or information. Titles and names can not be copyrighted. Simple compilations like the phone book can not be copyrighted.
Copyright is not the only law that might apply to content for your web site, you should also consider things like privacy laws, trademarks and patents if any of those apply. As I said yesterday, if you allow content from users, then consider if you may be liable for charges of libel or illegal content.
Anything you write is automatically copyrighted, and remains protected for 70 years after your death. Plenty of time for you to be forgotten so your work gets lost for all time.
Luckily, earlier copyright laws were not so over-protective. Several laws were passed having different effects on the public domain. In 1977 the law requiring the © character or the word copyright be use was changed, so basically anything published prior to that date without a copyright notice is (usually) public domain. The exceptions are when the notice was accidentally left off some prints and subsequently corrected … which the original law requiring the notice allowed for. Also note that nothing in the law specifies that (c) can be substituted for the c in a circle, but I’ve never heard of anyone pressing that as a defense in court.
An important word in the preceding paragraph is ‘published’ — note that it is not the creation date, but publication date that is important. If a photograph, for example, was taken before that date, but not published — or published after 1977, it may be copyrighted even if it lacks a copyright notice. Be very careful about relying on the lack of copyright notice if you do not know the date something was published.
So what else is in the public domain in 2007? Anything published in the USA before 1963 where they failed to renew the copyright. The vast majority of copyrighted material was never renewed. Best selling novels, movies and famous photographer’s images are the most common exception. But you never know for sure until you check the copyright office records. Some of these are being put on-line to make that easier. Also, anything published before 1923 is now public domain.
Again, note that the preceding paragraph refers only to published material. Photographs, for example, may not have been published, and fall under much more protective later legislation. The same for documents, journals or other unpublished material. If the author (or photographer) is know, they are protected for 70 years after the death of the author — so if the author died before 1937 the work is public domain. If the author is unknown (anonymous) or corporate, the item is protected for 120 years from the date of creation — so they must have been created before 1887 to be public domain!
The big caveat to this ridiculous situation is that in order to be sued for copyright infringement, the person suing would have to PROVE who the author of the anonymous work was, and that they were alive within the past 70 years, and that the person suing had inherited the rights to the deceased author’s work. Could happen I suppose, but what are the odds?
For works published outside the USA, different rules sometimes apply, but again most works produced before 1923 that were published are public domain. Works published in Afghanistan, Eritrea, Ethiopia, Iran, Iraq, or San Marino are not protected at all in the USA, even new works. Confused yet?
Make your best effort to build your Web Empire on sturdy legal grounds, and avoid copyright problems. If it is not an obvious case of infringement, and you are in one of the ‘fringe’ areas, most copyright owners will just notify you to cease and desist; it is rarely worth the cost to sue.