Difference between revisions of "RadioNerds:Copyrights"

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===Discussion over "claims" of copyright on scanned Public Domain documents===
 
===Discussion over "claims" of copyright on scanned Public Domain documents===
There is tons of case law that covers the copyright protection available on scans of public domain works.  In summary, they are not copyrightable under US law (see case law below).  Generally speaking if the scanning process requires creativity, the resulting image will be copyrightable.  However if the process is a mechanical copying process producing an image with minor differences from the original, the resulting image will not be copyrightable.  The scans must have creative substance to qualify.
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There are tons of case law that covers the copyright protection available on scans of public domain works.  In summary, they are not copyrightable under US law (see case law below).  Generally speaking if the scanning process requires creativity, the resulting image will be copyrightable.  However if the process is a mechanical copying process producing an image with minor differences from the original, the resulting image will not be copyrightable.  The scans must have creative substance to qualify.
  
  

Revision as of 13:15, 1 August 2013

Copyrights

All 'original' (stuff we type in, not manuals themselves) material on this site is Creative Commons Attribution Non-Commercial Share Alike (http://creativecommons.org/licenses/by-nc-sa/3.0/)

Which means:

You are free
to Share — to copy, distribute and transmit the work
to Remix — to adapt the work
Under the following conditions
Attribution — You must attribute the work in the manner specified by the author or licensor (but not in any way that suggests that they endorse you or your use of the work).
Noncommercial — You may not use this work for commercial purposes.
Share Alike — If you alter, transform, or build upon this work, you may distribute the resulting work only under the same or similar license to this one.
With the understanding that
Waiver — Any of the above conditions can be waived if you get permission from the copyright holder.
Public Domain — Where the work or any of its elements is in the public domain under applicable law, that status is in no way affected by the license.
Other Rights — In no way are any of the following rights affected by the license:
Your fair dealing or fair use rights, or other applicable copyright exceptions and limitations;
The author's moral rights;
Rights other persons may have either in the work itself or in how the work is used, such as publicity or privacy rights.

Notice — For any reuse or distribution, you must make clear to others the license terms of this work.


Discussion over "claims" of copyright on scanned Public Domain documents

There are tons of case law that covers the copyright protection available on scans of public domain works. In summary, they are not copyrightable under US law (see case law below). Generally speaking if the scanning process requires creativity, the resulting image will be copyrightable. However if the process is a mechanical copying process producing an image with minor differences from the original, the resulting image will not be copyrightable. The scans must have creative substance to qualify.


In the U.S. exact photographic reproductions of printed material is not copyrightable. The Constitution has an originality requirement (thankfully) for creative works and in the Bridgeman case the court ruled as such:

http://www.law.cornell.edu/copyright/cases/36_FSupp2d_191.htm

As pointed out by courts, hard work alone is not copyrightable nor original. Of course reproductions *could* contain sufficient originality to be protected. However, the U.S. Copyright Office has refused to registed most photographic reproductions of public domain material.