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Re: (c) does not equal "copyright"


From: Hans Aberg
Subject: Re: (c) does not equal "copyright"
Date: Sat, 18 Jul 2009 23:21:21 +0200

On 18 Jul 2009, at 22:07, Graham Percival wrote:

The
copyright symbol “©” can be included if you wish (and your character set supports it), but it's not necessary. There is no legal significance to
using the three-character sequence “(C)”, although it does no harm.

There is nowadays no legal significance of any the above, as
copyrightable material becomes automatically copyrighted
without any indication thereof or registration (though local
legislation may vary).

I thought I heard that, but can you prove that this is the case
internationally, and/or can you cite your source for this?

Berne convention, general principal 1b.
http://www.wipo.int/treaties/en/ip/berne/summary_berne.html

Easy-to-understand explanation (and incidently, one of my favorite
sites):  #1 on "10 Big Myths about copyright explained"
http://www.templetons.com/brad/copymyths.html

In addition to that, one should note the WIPO copyright treaty, which deals with computer software:
  http://www.wipo.int/treaties/en/ip/wct/trtdocs_wo033.html
  http://www.wipo.int/treaties/en/ip/wct/index.html
It is easy to read. For example, Article 4 says computer programs are prtiected as literary works under the Berne convention.

In the US, it is implemented as the "Millenium" something. And treaties are a part of US law the way they are passed by Congress despite a mentioning in the Constitution that "treaties are the law of the land".

That said, in some jurisdictions you can get higher damages if
you've included a "Copyright 20xx by blah".

So these are treaties, meaning that countries promise implement them. But it is still the local law that is valid in each country.

  Hans






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