Intellectual Property 5
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Can I reprint things I find in online databases?
Generally, no. An online database usually consists of more than a listing of mere facts; databases are usually specialized and involve some originality in selection, arranging, and often writing and editing. Thus, unlike the white pages in the phone book, their ability to be copyrighted would probably be upheld if challenged.
I found a lot of information in an electronic library that I'd like to include in my newsletter. Am I allowed to do that since I paid to download them from the online service?
No. The author of the text in the files you downloaded owns the copyright, and reprinting the file in your newsletter without his or her permission is an infringement of the author's rights.
I found some nice holiday artwork on the web that didn't have a copyright notice. I want to put them on my web site on a page that plays "Rudolph the Red-Nosed Reindeer." Can I do this?
Not without getting permission of the copyright owners. "The fact that the owner of the photographs is not identified does not change the answer," says Thomas O'Rourke, an attorney who specializes in intellectual property. "If a car were parked in a parking lot without license plates, you wouldn't have the right to use the car just because it was there. Copyright ownership is no different. "Bear in mind also, that music may be covered by several copyrights. One person may own the copyright on the words, a different person own the copyright on the music, and still others may own the rights on the arrangement or performance, making the rights to use the song difficult to obtain."
If I upload text or shareware to an online information service, do I give up any rights in my work to the online service?
No, you wouldn't lose your rights in the work. You would still be the owner of your copyright. The service might claim a compilation copyright, which is simply a copyright on the particular collection of material available on the service. That doesn't take away your individual copyrights in your work, though. You are still the sole owner of your work. Of course, by making it public, you would give up the right to claim that your material is a trade secret and it could also affect your right to patent the subject matter.
I have a scanner and want to scan some artwork I found in a book and use it in my publication. Is this OK to do?
If the book is old enough that the copyright has expired or if the artwork included in the book is in the public domain, you should be able to scan in illustrations to use in your publication. If you are scanning from a new book of clip art or a book that is a collection of old prints, look in the front of the book to see what the company says about reuse of the material in the book.
What does being in the public domain mean?
When a work is in the public domain, it means the work is not covered by copyright protection. It can be used freely by the public without permission from the creator or his or her heirs. Among the types of work that are in the public domain are some federal government publications and works for which the copyright has expired. In the past, some works wound up in the public domain inadvertently because they were published without a copyright notice. Under the current law, however, copyright notice is no longer required on published works.
A magazine wants to buy my craft design for reprint in the publication. The agreement with the letter they sent me reads: "I hereby agree to sell all right of copyright," Does that mean I can't resell the design to a British publication?
Yes, it does. By signing that agreement, you give up all copyrights in the material the magazine is buying. If you want to have the design published, but don't want to sell all rights, you could try calling the publication and asking if they would be willing to change the rights clause—for example, to "first North American serial rights." If you are unfamiliar with the rights that can be offered, check your library for books about selling writing. These books generally have information about the different types of publication rights.
How much does a drawing have to be changed to be considered a new drawing? If I traced the outline and filled in my own details, could I sell the new design as my own?
What you would be doing is creating a derivative work, and under the copyright law, only the copyright holder or someone the copyright holder authorizes may do that. Even if your design looked somewhat different from the original, if any of the author's expressions were copied, rather than just the idea, you would be infringing on his or her copyright.
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