Charles Petit - Attorney for authors and artists, intellectual property and internet piracy
Sean Mead - Attorney, Internet and computer law
Mel. White - artist, editor, has been working on copyright for artists and writers since 1993
Pat Sayre McCoy - law librarian, Univ. of Chicago.
American vs. International copyright law.
McCoy: US Copyright law is based on the copyright law of Great Britain 1702; it transferred rights to the author and introduced royalties. New technologies have historically given rise to expansions to copyright law, i.e.: photography, copy technology, motion pictures, etc. The Internet and computer tech: The Digital Millennium Copyright Act (DMCA) protects works from the date of completion or presentation, and it does not have to be published or distributed for copyright. It is NOT true that you can copy and distribute any work on the Internet without permission.
White: Establish copyright by putting "Copyright", the date, and your name. Do not use a fannish alias; you must use a legally distinctive and recognizable name. If you put your work in "public domain" (i.e.: it's free with no copyright notice), then you have no leg to stand on. Someone "swiped" a web site (i.e.: copied and reproduced all material) -- Michael Whalen, Glass Onion site, high quality scans and thumbnails of his art -- one of the most ripped off artists in cyberspace. He has cancer, no day job and makes no money if he doesn't sell his work. Internet image theft is causing a huge problem. Not all countries ascribe to copyright treaty. Trying to find legal representation and bring legal recourse can be very difficult. Putting your stuff on the Internet is not always a good idea. If you want to make sales, it is less effective to post on a web page than if you go to a convention or buy an ad in a targeted magazine. If you put up text, do NOT put up full text. Images: low res, and put your name and copyright on it and "Not for Distribution" -- paste it across the image -- if they like the image, maybe they'll buy a print. Your best ad is physical and in-person.
Petit: Copy protection in general, such as software, is generally regarded as ineffective. Copy protection is not the way to go. You aren't worried about the average down-loader. You are worried about the guy making illicit copies, such as CDs, and selling them.
Mead: The only thing copy protection does is annoy those who are spending money to buy your stuff. Authors: the Internet gives some nice opportunities in theory, but we have yet to see many people making much money, with a few exceptions. You may be able to encourage readership and sales, but it makes illicit copies very easy. Fair use analysis is complex. You don't really know if you have it or not until the jury decides the issue. Don't take someone's stuff. If you have high value items, don't put them on the web. It will be taken. If you find you have been copied, you can talk to the ISP. Go to Netsol.com and find the name of the ISP contact. Most ISPs react by immediately pulling possibly offending material. EULAs: End User License Agreements, i.e.: click here to agree to license agreement. Most of them are Draconian and mean that you give up your copyright. Read them carefully. The site does not want to get sued, and you need to know if you are giving up (for example) perpetual non-exclusive rights and they can take it, copy it and run it for free for as long as they want.
McCoy: If you buy software, if you open it, you have made a contract that supercedes copyright law. They are one-sided contracts, usually. But can you afford to take it to court?
Petit: Hill vs. Gateway 2000 suit regarding warrantee and copyright. Shrink-wrap licenses are enforceable.
Mead: You aren't going to win; you should, but you won't. Uniform Commercial Code (UCC) cannot always be enforced. Contracts can supercede copyright law and other regulations.
UCITA (Uniform Commercial Interchange Transfer Act) is maybe going to be a law, maybe not. Do not link to a site because you like the site. The link itself could be an infringement. Some say it is acceptable, some say not. It has not gone through the courts, but you could be found liable for providing a link. If you have someone else develop a web site for you, make sure you specify 'work for hire' agreement so that you own the web pages, or they may own your stuff, including the stuff you created and had them put up on a web page for you. National Writer's Union: has taken on NY Times, Xerox, etc. Most publishers assume they have all electronic rights to your work if they have bought it in any shape or form (i.e.: sold your story to a magazine for first pub rights).
Petit: If you believe you have anything that may have been sold by Carl Uncover, go to the web site www.uncoversettlement.com before October to see if you are eligible for a settlement. www.nolo.com has a book called Copyright by Steven Fishman, includes copyright language on a CD that may be used. Look through it.
McCoy: Nolo press publishes simple language contracts and forms for the public. It is reputable material.
Mead: Get the work for hire agreement before the work begins. If you are using agents (little pieces of code that goes out and search the web), this is still in legal battle regarding copyright.
McCoy: Even if you are in the right, if you are up against a big company, they have bigger lawyers and can make it expensive for you to try to recoup damages.
Petit: Harlan Ellison has vigorously pursued copyright infringement. There are aspects to the copyright law that are legally enforceable under criminal law. The FBI can arrest people and take them to court if they deem it appropriate.
Mead: FSF.ORG (Free Software Foundation) has an interpreting copyright (copyleft) license. Public Domain: just because the author didn't sue the last 4,000 people that copied your stuff, doesn't mean that the author can't sue the next guy. The 1976 act does not have a use it or lose it clause.
Cuba is not a signatory to the Byrne Convention (International Copyright Law). Some countries are and some are not.
You do not have to mark your work for it to be copyrighted in the US, since 1978.
Petit: US or non-US copyright is because of Mickey Mouse, so that Mickey Mouse will not fall into public domain. Mickey is a trademark, as a famous image, there may be something called an unfair competition. US copyright law is less respectful of author's rights than many other copyright laws in the world. Moral Rights allow you to control the later use of the material even when sold for use. The DMCA is different from the 1996 copyright act that the US signed. There is nothing in our copyright law that says "Moral Rights" but contracts may include moral rights under the exploitation of a right. Visual, audio and text materials have different terms of copyright. An audio piece can be played or sung by anyone if they pay the appropriate royalty. Visual media have other restrictions. Text is the tough one: There is no such thing as a fair use guideline. Leave it to the publisher's lawyer to determine if copying words is fair use. If you have a question in your mind, you need a lawyer.
ePublishing: read their contracts. Know what you are signing away. You are only protected against illicit copies if you are willing to put the money into prosecuting theft.
McCoy: The Internet has made sociopaths a lot more able to find victims.
Mead: Script kiddies can find a site where someone has made a tool to crack a protection scheme and then use that tool.
Petit: Copyright is not the same as registration. ISBR/ISSN is a publisher's number and not legal protection. Copyright is automatic as soon as you save the file, lift pen from paper, etc.
Mead: The advantage of registering before you are infringed is that it entitles you to damages if someone infringes.
Petit: Term of copyright is 75 years. Until the work is published, and that 75 years has not begun to run.