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Re: Copyright symbol SOLVED
From: |
Reinhold Kainhofer |
Subject: |
Re: Copyright symbol SOLVED |
Date: |
Mon, 12 Jan 2009 16:02:31 +0100 |
User-agent: |
KMail/1.10.3 (Linux/2.6.27-9-generic; KDE/4.1.3; i686; ; ) |
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Am Montag, 12. Januar 2009 schrieb David Raleigh Arnold:
> This could never have happened if the symbol were present in any
> header example or template. Every copyright notice should have
> the symbol, because without it it's not a copyright notice.
So, where's the problem? Copyright exists as soon as a work is created (yes,
also in the US since it joined the Berne convention in 1989; In Europe that
has always been the case, anyway), irrespective of whether you put a notice
in.
This has not always been the case in the US (see e.g. the UNIX / BSD
lawsuits), but things have changed and copyright protection now exists
automatically, as soon as a protectable work is created. The lengths of the
protection might vary, but the Berne convention declares some lower bounds and
some reciprocity rules.
> "Public Domain" is not a copyright notice, and it is altogether
> unnecessary for any purpose.
Huh? By declaring something public domain, you are explicitly waiving all
rights that you otherwise have automatically (in continental European
jurisdictions you can't waive your droits d'autheur / moral rights, but at
least you can give an irrevocable, perpetual, non-exclusive license to the
world to use your work). If you don't insert any notice, you'll automatically
have full copyright protection by the Berne convention (transformed into
national law by each of the member countries, which is then the actual law
that protects your work). One point where a notice might become relevant is
that (at least here in Austria) for works where authorship is unknown, the
protection is 70 years from creation, while for works with a known author it
is 70 years after the death of the creator.
Cheers,
Reinhold
- --
- ------------------------------------------------------------------
Reinhold Kainhofer, address@hidden, http://reinhold.kainhofer.com/
* Financial & Actuarial Math., Vienna Univ. of Technology, Austria
* http://www.fam.tuwien.ac.at/, DVR: 0005886
* LilyPond, Music typesetting, http://www.lilypond.org
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