COPYRIGHT-L Archives

Archiver > COPYRIGHT > 2002-09 > 1032044983


From: "Mike Goad" <>
Subject: [COPYRIGHT] Publishing vs. Public Display
Date: Sat, 14 Sep 2002 18:09:46 -0500
In-Reply-To: <967295236srca@mindspring.com>


Hi all,

The following quotations are from "The Copyright Handbook, How to
Protect & Use Written Works," by copyright attorney Stephen Fishman:

"It's not altogether clear whether making a copy of a work available
online constitutes a publication. However you should assume that it
does. Place a copyright notice on anything you don't want copied.... The
notice should contain the copyright symbol--C, publication date and
copyright owner's name. The publication date is the date you uploaded
the work."

"However, it's important to differentiate between a public display and
simply making material available for copying. Placing a digitized
version of a photograph in a file on-line that users can download and
view is not a public display--it is simply making a copy available to
individual members of the public. But if the same photo automatically
appears on the user's computer screen when he or she logged on to an
online service, it would be a public display."

"How to Register - You register websites and other online works much the
same way any other material is registered. If the work consists
primarily of text, use Form TX to register. If the work consists
primarily of graphics, use form VA."

Well, I'm going to continue to consider my web sites as published works,
but that they may also be a public display of my material as well.

Mike Goad
http://stellar-one.com/copyright.htm



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