COPYRIGHT-L Archives

Archiver > COPYRIGHT > 2002-09 > 1031896035


From: Cliff Lamere <>
Subject: Re: [COPYRIGHT] Is posting a form of publishing?
Date: Fri, 13 Sep 2002 01:49:56 -0400
References: <000901c25ac1$7a18d170$0100a8c0@Gateway>


Mike,

After "Title17 U.S.C. §101, Definitions", the quote you give includes the following. "The offering to distribute copies or phonorecords to a group of persons for purposes of further distribution, public performance, or public display, constitutes publication. A public performance or display of a work does not of itself constitute publication."

Mr. Standler also quoted the second sentence. He, in effect, calls a webpage a public display. I have never completely understood the definition, but I had interpreted public display to be something like hanging an unsold painting in a library. His viewpoint is certainly interesting, and so is yours.

You are saying that sending a webpage to some server like RootsWeb (apparently a "group of persons" in the definition) results in the "further distribution" of copies of the webpage to the people who choose to view it. That is quite an interesting interpretation of why posting something on the internet is equivalent to publishing it.

You create webpages and put them online for people to use. I have posted over a hundred genealogical webpages which I want people to use. You and I think alike and believe we have published the webpages. But there are others who post baptism or other records and then say that none or almost none of them may be copied. I have seen one website which makes you agree not to copy the records as a means to get to see them. I don't understand why these people would bother transcribing records and then take that viewpoint, but they are acting as if their webpages are only on display and the rest of us shouldn't touch them.

Fortunately, in the computer age it doesn't matter whether a webpage is a display or publication because since 1978 the copyright is automatic. Either way, the webpage is copyrighted and the user's rights are the same. But what are those rights?

I will write another email concerning that question which affects so many genealogists. Mike, thank you for responding to my question about publishing versus displaying.

Cliff

Mike Goad wrote:

> Cliff and all,
>
> I think Mr. Standler is missing the point on his page.
> http://www.rbs2.com/copyr.htm
>
> When the definition says that a display of a work is not publication, I
> have to ask, "Is the material I am posting on-line a display only, or
> are copies of it being distributed to those who are interested."
>
> On his page, Mr. Standler says, "The act of viewing a page on the
> Internet automatically involves making a copy, since the material is
> transferred to the user's computer and stored there in semiconductor
> memory (RAM = random access memory)."
>
> Publication is the distribution of copies. The distribution method IS
> the internet.
>
> The user owns the copy that has been distributed to him by the internet
> just as he owns the copy of a book that he bought at the bookstore or
> the copy of the newspaper that was delivered to his porch. The same
> copyright rules apply to all three examples.
>
> My distribution of this e-mail is to post an electronic copy to
> copyright-L for further distribution to the other subscribers.
>
> My distribution of my web pages is to post them on stellar-one.com so
> that interested individuals can download electronic copies to their
> machines for viewing.
>
> Hopefully this makes some sense and is of some help. I've posted some
> of the material I found from the US Code below
>
> Mike Goad
> http://stellar-one.com/copyright.htm
>
> 17 U.S.C. §101, Definitions
>
> ''Publication'' is the distribution of copies or phonorecords
> of a work to the public by sale or other transfer of ownership, or by
> rental, lease, or lending. The offering to distribute copies or
> phonorecords to a group of persons for purposes of further
> distribution, public performance, or public display, constitutes
> publication. A public performance or display of a work does not of
> itself constitute publication.
>
> 17 U.S.C. §104, Subject matter of copyright: National origin
>
> Under the Universal Copyright Convention, revised in Paris in 1971:
>
> ''Publication'', as used in this Convention, means the reproduction
> in tangible form and the general distribution to the public of copies of
> a work from which it can be read or otherwise visually perceived.
> (HISTORICAL AND REVISION NOTES, HOUSE REPORT NO. 94-1476)
>
> 17 USC Sec. 106 Public Distribution. - Clause (3) of section 106
> establishes the exclusive right of publication: The right ''to
> distribute copies or phonorecords of the copyrighted work to the public
> by sale or other transfer of ownership, or by rental, lease, or
> lending.'' Under this provision the copyright owner would have the
> right to control the first public distribution of an authorized copy or
> phonorecord of his work, whether by sale, gift, loan, or some rental or
> lease arrangement. (HISTORICAL AND REVISION NOTES, HOUSE REPORT NO.
> 94-1476)
>


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