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- From: tjc50@ccc.amdahl.com (Terry Carroll)
- Newsgroups: misc.legal,misc.legal.computing,misc.int-property,comp.patents,misc.answers,comp.answers,news.answers
- Subject: Copyright Law FAQ (5/6): Further copyright resources
- Summary: This article contains frequently asked questions
- (FAQ) with answers relating to copyright law,
- particularly that of the United States.
- Message-ID: <law/Copyright-FAQ-5-757882188@ccc.amdahl.com>
- Date: 6 Jan 94 18:51:24 GMT
- Expires: 7 Feb 94 17:49:48 GMT
- References: <law/Copyright-FAQ-1-757882188@ccc.amdahl.com>
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- Reply-To: tjc50@ccc.amdahl.com (Terry Carroll)
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- Posted-By: auto-faq 2.4
- Archive-name: law/Copyright-FAQ/part5
-
- FREQUENTLY ASKED QUESTIONS ABOUT COPYRIGHT (V. 1.1.3)
- Part 5 - Further copyright resources.
-
- Copyright 1994 Terry Carroll
- (c) 1994 Terry Carroll
-
- Last update: January 6, 1994.
-
- This article is the fifth in a series of six articles that contains
- frequently asked questions (FAQ) with answers relating to copyright law,
- particularly that of the United States. It is posted to the Usenet
- misc.legal, misc.legal.computing, misc.int-property, comp.patents,
- misc.answers, comp.answers, and news.answers newsgroups monthly, on or
- near the 17th of each month.
-
- This FAQ is available for anonymous FTP from rtfm.mit.edu [18.70.0.209],
- in directory /pub/usenet/news.answers/law/Copyright-FAQ, files part1 -
- part6. If you do not have direct access by FTP, you can obtain a copy
- via email: send a message to mail-server@rtfm.mit.edu with the following
- lines in it:
-
- send usenet/news.answers/law/Copyright-FAQ/part1
- send usenet/news.answers/law/Copyright-FAQ/part2
- send usenet/news.answers/law/Copyright-FAQ/part3
- send usenet/news.answers/law/Copyright-FAQ/part4
- send usenet/news.answers/law/Copyright-FAQ/part5
- send usenet/news.answers/law/Copyright-FAQ/part6
- quit
-
-
- DISCLAIMER - PLEASE READ.
-
- This article is Copyright 1994 by Terry Carroll. It may be freely
- redistributed in its entirety provided that this copyright notice is not
- removed. It may not be sold for profit or incorporated in commercial
- documents without the written permission of the copyright holder.
- Permission is expressly granted for this document to be made available
- for file transfer from installations offering unrestricted anonymous file
- transfer on the Internet. Permission is further granted for this
- document to be made available for file transfer in the data libraries of
- associated with the following Compuserve Information Services fora: the
- Legal Forum, the Desktop Publishing Forum, the Show Business Forum, and
- the Ideas, Invention & Innovation Forum. This article is provided as is
- without any express or implied warranty. Nothing in this article
- represents the views of Santa Clara University or of the Santa Clara
- Computer and High Technology Law Journal.
-
- While all information in this article is believed to be correct at the
- time of writing, this article is for educational purposes only and does
- not purport to provide legal advice. If you require legal advice, you
- should consult with a legal practitioner licensed to practice in your
- jurisdiction.
-
- Terry Carroll, the FAQ-maintainer, is a computer professional, and is
- currently (January 1994) a student in his final semester at Santa Clara
- University School of Law, is currently Editor-in-Chief of the Santa Clara
- Computer and High Technology Law Journal, and is seeking employment as an
- attorney.
-
- If you have any additions, corrections, or suggestions for improvement to
- this FAQ, please send them to one of the following addresses, in order of
- preference:
-
- 71550.133@compuserve.com
- tcarroll@scuacc.scu.edu
-
- I will accept suggestions for questions to be added to the FAQ, but
- please be aware that I will be more receptive to questions that are
- accompanied by answers. :-)
-
-
- FAQ ORGANIZATION.
-
- The following table indicates the contents of each of the parts of the
- FAQ.
-
- Part 1 - Introduction (including full table of contents).
- Part 2 - Copyright basics.
- Part 3 - Common miscellaneous questions.
- Part 4 - International aspects.
- Part 5 - Further copyright resources.
- Part 6 - Appendix: A note about legal citation form, or, "What's
- all this '17 U.S.C. 107' and '977 F.2d 1510' stuff?"
-
- TABLE OF CONTENTS (for this part).
-
- Part 5 - Further copyright resources.
-
- 5.1) Where can I get more information on copyright?
- 5.2) What materials related to copyright are available on the
- Internet?
-
-
- 5.1) Where can I get more information on copyright?
-
- The U.S. Copyright Office General Information Package 118 provides
- general information on copyright law. Copyright Office Circular 2,
- "Publications on Copyright," provides a complete list of publications
- relating to copyright which are available from the Copyright Office.
-
- These materials and many others may be ordered (generally free of charge)
- by calling the Copyright Office Hotline at 202-707-9100 and leaving a
- voice mail message. Call the Hotline only if you already know the number
- of the publication you want. If you don't know the publication number,
- the Copyright Office maintains a prerecorded information line at 202-707-
- 3000. This line provides an automatic voice mail attendant that provides
- information according to responses presented from a touch-tone keypad.
- Much of the information in section 2.6 was obtained from this information
- line.
-
- The book "Intellectual Property in a Nutshell," by Arthur R. Miller of
- Harvard Law School and Michael H. Davis of Cleveland-Marshall College of
- Law (West Publishing, 1990, ISBN 0-314-75738-4), provides a fine
- introduction not only to copyright law, but also to patent and trademark
- law. It's typically available from college or law school bookstores for
- about $15.
-
- The authoritative secondary source for information on copyright is the
- five-volume loose-leaf opus, "Nimmer on Copyright." Originally written
- and maintained by the late Professor Melville Nimmer and now maintained
- by his son, David Nimmer, this is the most respected source of copyright
- information, short of the texts of the statutes, regulations, and cases
- themselves. Nimmer is frequently cited by courts, including the U.S.
- Supreme Court, as an authority to justify their opinions. I've been
- surprised to find short essays on even the most obscure copyright
- questions (e.g., whether a food recipe is subject to copyright). I
- heartily recommend it as an initial source for research. It is, however,
- a bit dense for casual reading.
-
- Several readers have recommended L. Ray Patterson & Stanley W. Lindberg,
- "The Nature Of Copyright" (1991), ISBNs 0-8203-1362-9 (paperback) and 0-
- 8203-1347-5 (hardback). Patterson and Stanley reportedly argue for a
- broad interpretation of a user's rights in a work, and a more narrow
- interpretation of the right of the copyright holder. Be aware that this
- interpretation may or may not match the law of your jurisdiction.
-
- In preparing this FAQ, I consulted the casebook that was used in my
- Copyright class in Fall of 1991 at Santa Clara University School of Law:
- Joyce, Patry, Leaffer and Jaszi, "Copyright Law, Second Edition" (1991),
- ISBN 0-8205-0115-8. Like most casebooks, it contains edited versions of
- most of the landmark decisions in the law, including most of the cases
- that are cited in this FAQ. It's not for beginners, but it's well-
- written, and often contains illustrations of the works being discussed in
- the cases (a very useful feature, since copyright questions often turn on
- questions of similarity or originality that can only be determined by
- seeing the work). The book's best features are a good review of the
- history of copyright, an excellent description of the international
- treaties covering copyright, and a detailed bibliography at the end of
- each chapter. An unfortunate feature is the index, which is not the best
- organized, and often provides incorrect page numbers (perhaps because of
- the editors' hurry to include the Feist case that had been decided only a
- few months before the book was in stores).
-
- Nolo Press publishes two books on copyright for the lay reader: "The
- Copyright Handbook: How to Protect and Use Written Works," by Stephen
- Fishman, ISBN 0-87337-130-5 ($24.95) and "How to Copyright Software," by
- M.J. Salone, ISBN 0-87337-102-X ($39.95). My knowledge of these books is
- limited to the entries in the catalog, but Nolo Press generally enjoys an
- excellent reputation for publishing accurate and understandable books on
- law. Nolo's telephone number is (510) 549-1976.
-
-
- 5.2) What materials related to copyright are available on the Internet?
-
- The following is a list of materials relating to copyright that I have
- been able to verify are available on the Internet.
-
- STATUTES:
-
- - FATTY.LAW.CORNELL.EDU -
-
- Most portions of the current copyright law have been made available by
- Cornell University. To review the statute, enter the command
-
- telnet fatty.law.cornell.edu 8210
-
- and sign on with a user ID of "www." No password is necessary. This
- will allow you to use the World Wide Web software to navigate the
- copyright law. It also includes access to the Berne Convention.
-
- TREATIES:
-
- - THE MULTILATERALS PROJECT -
-
- The Fletcher School of Law and Diplomacy maintains the Multilaterals
- Project, an anonymous ftp site with a number of multilateral treaties, at
- jade.tufts.edu. This archive includes versions of both the Berne
- Convention and the Universal Copyright Convention. The treaties are in
- directory /pub/diplomacy. The following files are of particular
- interest:
-
- README - A one-page description of the Multilaterals Project, by Peter
- Stott, its director.
-
- INDEX - An index of all the treaties and other documents available from
- the project.
-
- BH006-1971.txt - The 1971 Paris text of the Berne Convention for the
- Protection of Literary and Artistic Works.
-
- UNTS11850.txt - The 1967 Stockholm text of the Berne Convention for the
- Protection of Literary and Artistic Works. The United States is not a
- party to the this text.
-
- UNTS13444.txt - The 1971 Paris text of the Universal Copyright
- Convention.
-
- In addition, The Berne Convention may also be viewed via telnet to
- fatty.law.cornell.edu as noted above, under "STATUTES."
-
- OTHER RESOURCES:
-
- - THE CNI-COPYRIGHT MAILING LIST -
-
- The Coalition for Networked Information (CNI) sponsors CNI-Copyright, an
- Internet mailing list devoted to copyright issues. To join, send a
- message to LISTSERV@CNI.ORG with a single line of text in the body that
- says:
-
- SUBSCRIBE CNI-COPYRIGHT your name
-
- If that doesn't work, send a message to CRAIG@CNI.ORG (Craig Summerhill)
- and ask him to manually add you to the list. After joining, messages may
- be sent to the list at CNI-COPYRIGHT@CNI.ORG.
-
- Archives of the CNI-COPYRIGHT list are available and may be searched
- online via telnet. To access them, telnet to a.cni.org, login with the
- ID "brsuser" (no password is required), and follow the instructions
- presented. CNI-COPYRIGHT archives are in the COPY database.
-
- CNI is a not for profit corporation and is a joint project of the
- Association of Research Libraries (ARL), CAUSE, and EDUCOM. It promotes
- the creation of and access to information resources in networked
- environments in order to enrich scholarship and to enhance intellectual
- productivity.
-
- - COPYRIGHT GUIDE FOR PHOTOGRAPHERS -
-
- FTP site moink.nmsu.edu (128.123.4.58) has a repository, /pub/rec.photo,
- for files related to photography. Among the files contained in this
- directory is the Copyright Guide For Photographers, produced by the
- American Society of Media Photographers, Inc. While the Guide is
- particularly oriented towards photographers, much of the information it
- provides will be of use to anyone interested in copyright. The file
- asmp-copyright-guide is an ASCII version of this document. A TeX version
- is also available, in asmp-copyright-TeX.tar.z.
-
- - USENET NEWSGROUPS -
-
- There are several newsgroups that from time to time discuss copyright
- issues.
-
- misc.legal: the main newsgroup covering legal issues, including copyright
- law.
-
- misc.legal.moderated: A moderated analog to misc.legal, but moderated,
- and probably with a higher signal-to-noise ratio as a result.
-
- misc.int-property: Discussions of intellectual property; copyright,
- patent, trademark and trade secrecy, and their alternatives.
-
- misc.legal.computing: Legal issues related to computers. Copyright and
- patent issues predominate.
-
- comp.patents: Moderated newsgroup discussing issues related to computers
- and patents, including software patents. The newsgroup is moderated by
- patents-request@cs.su.oz.au (Peter Treloar). Please note that the focus
- of this group is more on patent law than copyright law.
-
- comp.software.licensing: Trends, practices, and techniques in software
- licensing.
-
- gnu.misc.discuss: Discussions in this group frequently include issues of
- software patents, copyright, and "copyleft."
-
-