19 Nov
1999
19 Nov
'99
6:01 a.m.
Public Domain? Not if there's any indication of a
copyright on them.
That disclaimer you plan to write will not cut it if
there is a copyright
on the documents. Very few documents could be considered PD unless they did
not have a specific copyright notice OR if there is a general specific
release given by the copyright holder to PD OR the copyright holder gives
*you* permission to hang it out on your website for the public to see with
a notice stating the copyright holder still retains copyright. Recently
revised copyright laws make *everything* copyrighted nowadays.
ALso you may have to take into account that other countries may have
complete different Copyright laws. For example, German law defines
three complete different positions within:
a) The Copyright is strictly limited to natural persons. No company
or whatsever may hold a copyright. Also a person is _unable_ to
sell this right. If you are issueing some work, it's yours until
the end of time. Business is still not restricted, since you are
entiteled to sell comerial usage of your work on a royality base.
These comercial right are also only valid for a limited time beyond
your lifespan.
b) To be copyrighted a pice of work has to reach a 'non trivial level'.
So a simple note may or may not be copyrighted - even a book may not,
althrough based on regular court decisions it's hard to do this.
b) There is no thing like Public Domain. Every work (if it reaches a
defined level) is copyrighted. It is just impossible to give up your
copyright (like it's impossible to give up your human rights - well
basicly the same idea). You may choose not to use your right and
pursue violators, but never give up your basic copyright.
Well, this isn't ideal world, so in every days business the situation
is the same.
Gruss
H.