Definition // Attainment // Protection // Future

Definition of Copyright

Allen, M. (2001). Understanding rights and copyright. Retrieved April 3, 2001, from the World Wide Web: http://www.writing-world.com/rights/copyright.html

Understanding Rights and Copyright offers many answers to common questions writers might have during the publication process. Moira Allen, the author of the site, is a former managing editor of Inklings and Inkspot, and has been writing and editing for more than 20 years. She is the author of several publications and has sold more than 250 articles and columns to print. This site is helpful because it tells a beginning professional writer exactly what to expect in the workplace and how to protect his or her own intellectual property rights. Allen discusses the differences between copyright and copy use, and she also discusses things like "do editors steal ideas?" and "how you can protect yourself." The site also provides links to other sites that may contain other useful information to professional writers who want more information on the "norm" in the workplace. This site will help undergraduate professional writing majors to familiarize themselves with important information on copyright so that they are prepared to be members of the workplace when they graduate.

American Committee for Interoperable Systems. (2000). ACIS home page. Retrieved April 3, 2001, from the World Wide Web: http://www.interop.org/

The American Committee for Interoperable Systems’ home page consists of news, legislation, and discussions on intellectual property and copyright. It was put in place by the American Committee for Interoperable Systems (ACIS), whose members are a voluntary organization of over 30 corporations (big and small) in the computer industry. Professors from around the United States and members of organizations in Europe, Canada, and Australia contribute to the writings. The site offers insight into how software engineers interpret intellectual property through discussions concentrating on the combination of different hardware and software. One specific resource describes the pros and cons of sharing intellectual property. This resource discusses how on one hand there needs to be protection for intellectual property, and on the other there needs some fair use. The ACIS home page is especially useful to those individuals who want to enter the technical world of computers. Today, a professional writing major will be using computers and software regardless of whether his/her specialty is specifically technical or more focused on writing and publishing. It is essential that undergraduate majors familiarize themselves with the copyright issues that surround computer software because it offers insight into how employees of an institution should handle and separate the copyrighting of their individual work. This site provides steps to help achieve this awareness, and it gives students an idea of what to expect.

Housten, B. (2000). Copyright and intellectual property table of contents. Retrieved March 29, 2001, from the World Wide Web: http://www.arl.org/info/frn/copy/copytoc.html

Copyright and Intellectual Property Table of Contents is a site designed to give an overview of copyrights and intellectual property. Housten is writing for the Association of Research Libraries, a not-for-profit membership organization whose mission is to shape and influence forces affecting the future of research libraries in the process of scholarly communication. Recent federal regulations are introduced and discussed on the site, along with an analysis of the Digital Millennium Copyright Act and other legislation and database proposals. The growth of the technology industry has given rise to copyright and intellectual properties, so this site offers additional information about the topic. Court cases dealing with copyright issues are discussed in detail, in addition to legal maneuvers and landmark decisions that are used and referenced in copyright arguments. Professional writing major can benefit from this site to learn about current intellectual property and copyright issues.

Madison, M. J., Ph.D. (2000). Origins and history of copyright. Maljack Productions, 13, 42.

"Origins and history of copyright" focuses on the beginnings of public copyright. Professor Madison competently discussions the history of copyrights by showing how it has become increasingly difficult to know what exactly is allowed to be copyrighted and what is not. This article also focuses on the increasing awareness of the effects of the decision in ProCD, Inc. v. Zeidenberg, which enforced a "shrink-wrap" license on computer software, on norms of information use, and on the evolving concepts of fair use and on the "public domain" in copyright law. This resource is helpful to professional writing undergraduate majors because it provides information on the effects that a legal decision can have on copyright use. Additonally, this article informs professional writers entering the workforce with the types of changes that legislation can have on their professional careers.

Templeton, B. (2000). A brief intro to copyright. Retrieved February 27, 2001, from the World Wide Web: http://www.templetons.com/brad/copymyths.html

Brad Templeton’s site gives general information on the definitions of copyright and attempts to dispel some common myths. Templeton helped build the first ever dotcom company and is the Chairman of the Board of the EFF (Electronic Frontier Foundation), one of the premiere groups protecting copyright in cyberspace. As the site states, facts cannot be copyrighted, but a compilation copyright can be attained for a clever organization of them. In regards to the Internet, it is stated in new laws that if you didn’t write it and you want to copy it, you must ask the person who created it. The page’s focus is to answer common myths about copyright found on the Net such as, "if it doesn't have a copyright notice, it's not copyrighted, if you don't defend your copyright you lose it," and "if I make up my own stories, but base them on another work, my new work belongs to me." These are just three of the eleven myths that Templeton dispels. In addition to this information, there are links to other six other copyright websites. Professional writing majors can benefit from this site because it provides general information on intellectual property rights and copyright infringement, which are becoming increasingly more pertinent in today's workplace.

Attaining a Copyright

Rosenthal, J. (2000). Copyright law changes explained. Billboard, 112, 5.

"Copyright Law Changes Explained" is a valuable resource due to its focus on copyright laws and their future. The copyright law is quoted directly and changes to it are listed chronologically in the article. Rosenthal shows how the law is designed, and he also makes several arguments on the weakness of the law. This article is well researched by an authority on the subject of copyright law. Rosenthal is an entertainment and copyright attorney as well as an associate professor of entertainment law at George Washington University Law School. As an attorney, he knows and acknowledges the ramifications of the copyright law on music and musicians. While the focus of this article is on recording companies, the copyright law is clearly used and quoted, which is helpful for citations on any subject having to do copyrighting. Thus, the site provides an important reference for professional writing students.

United States Government. (2001). U.S., copyright office home page. Retrieved April 3, 2001, from the World Wide Web: http://www.loc.gov/copyright/

The United States Government’s web page is designed to allow viewers access to information and materials concerning copyrights. Because the site is easy to navigate, a user with any degree of knowledge of copyrights can benefit from the information provided. This site offers an introduction to what a copyright is and gives the necessary steps to copyright or license something. It also provides a list of recent publications, including press releases, and an update of the events surrounding high profile court cases. A summary of copyright laws and detailed information on the components of these various copyright laws can be found here as well. One of the best features of the site is the information it gives about the new or impending legislation. Professional writers and undergraduate students can benefit from this site because it is easy to comprehend for a user of any level of knowledge and it provides the most up-to-date information available.

Protection of Copyright

Conner, F., Gilcrest, R., Karlen, P., Perwin, J., & Spatt, D. (1991). The artist’s friendly legal guide. Cincinnati, OH: North Light Books.

The Artist’s Friendly Legal Guide is published as an artist guide to the development and protection of copyrights. The concise language of the information presented is simple and easy to understand. The text includes a list of frequently asked questions about moral, paternity, and integrity rights that apply to artists, copyright law, contracts, and record keeping. Gilcrest, Karlen, Perwin, and Spatt are attorneys specializing in art, entertainment, and intellectual property law. The fifth author, Floyd Conner, is a tax specialist and author who is employed by IRS. Professional writers and undergraduates can use this site as a reference to learn about copyrighting their art and using other’s art to enhance their websites, PowerPoint presentations, or any other type of multimedia product.

Electronic Frontier Foundation. (2001). EFF 'Intellectual property online: Patent, trademark, copyright archive'. Retrieved February, 2001, from the World Wide Web http://www.eff.org/pub/Intellectual_property/

The Electronic Frontier Foundation’s page discusses intellectual property, copyright, and fair use on the World Wide Web. It has the leading arguments concerning what type and how many rights users of technological communications should have. The Electronic Frontier Foundation, based in San Francisco, California, is a not-for-profit organization founded in 1990. Its interest lies in the protection of civil liberties, including freedom of expression and protection of privacy, especially in the era of the information age. Many of the links are geared toward users of online technologies. The resources discuss how laws are applied to new technologies and communications. Some of the page's resources include: a detailed article on patents that includes actual statistics on which type occurs most frequently and an archive of historical material on intellectual property. This site is helpful to professional writers and undergraduates because it will help them to understand exactly what their rights are and what sort of guidelines they need to follow in their future careers.

The intent of Copyright Theft is to explore the abuse of copyright law and how it has permeated our everyday lives. The three parts of this book are conventional printing, electronic media, and the future of copyright. As stated in this book, the laws of intellectual property rights need to include these problems: machine scanning of publications; downloading from a database; transferring data from one database to another; manipulating data to make it into a different publication; networking; and manipulating information. Because the Internet links hundreds of networks and thousands of computers, it is the exact scenario many publishers around the world have dreaded. The Internet and its wide use of networks and ease of copying and transferring information will only continue to facilitate copyright infringement. Professional writers can benefit from this book because it gives an overview of technology and Internet related copyright issues. It also provides professional writers and students with knowledge to help prevent infringement and to help the awareness of the issues in their field.

Lundberg, S. W. P.A. (1995). A survival guide to technical issues and intellectual property in the information age. Retrieved April 3, 2001, from the World Wide Web: http://www.slwk.com/

Lundberg and Company are prosecuting attorneys in the field of software intellectual property. In this site they outline a table of contents including the major changes for software patents. Discussion of new guidelines for software copyrights is provided on a board for anyone to comment on. The site also presents the continuing struggle over software patents and the new liability issue for software distributors. This site is ideal for those who need a breakdown of exactly what needs to be discussed in matters of intellectual property. Professional writers, especially technical writers, will find this useful because it will help them to understand copyrighting and protect the work they have created.

Smedinghoff, T. J. (1994). The software publishers association legal guide to multimedia. Reading, MA: Addison-Wesley Publishing Company.

Smedinghoff has written a comprehensive guide to the legal issues involved in the development, maintenance, protection, and distribution of multimedia products. This guide describes basic legal concepts in detail while it also defines multimedia and the laws related to it. The book includes descriptions on how to get a copyright, the subsequent rights of copyright owners, and ways to defend those rights. It also covers the many different types of trademarks, the rights of publicity, ways to avoid infringing on other’s copyrights, and how to protect one’s own. Smedinghoff provides not only black and white definitions of the laws that apply to multimedia law but gives provisions for the gray areas that technological development has created. As a partner in a Chicago law firm and a co-chair of the firm’s Information Technology Law Department, Smedinghoff is well suited to write a reference book on the protection of multimedia products. His book's many useful guidelines make it a valuable resource for professional writers interested in publication and technology.

Future of Copyright

Band, J. & Masanobu, K. (1995). Interfaces on trial: Intellectual property and interoperability in the global software industry. Boulder, Colorado: Westview Press.

Interfaces on Trial: Intellectual Property and Interoperability in the Global Software Industry gives an overview of the computer industry and the major controversies regarding this area. The book looks at intellectual rights in other countries and documents notable developments. As a result, the text is broken down into seven sections: technology and industry context, intellectual property context, unprotectability of interface specifications, permissibility of software reverse engineering, EC software directive and its progeny, interoperability debate in Japan, and the next frontiers. The book suggests that at the beginning of the 1980s, the intellectual property laws did not cover the protection of interface design or the permitting of software reverse engineering. An argument from some programmers is that intellectual property laws inhibit creativity and progress within industries. The existing intellectual property laws try to give authors and inventors incentive to create new products in addition to providing rights to the owner. This resource is useful to all persons involved with the computer industry such as programmers, software engineers, and business owners. It is specifically valuable to professional writing undergraduates, however, because it gives them background into technological copyright problems and an overview of the current debates so they can keep informed of relevant intellectual property developments.

Legal Aspects of Managing Technology provides information on everything from obtaining and defending patent rights to issues of tort liability. Burgunder wrote this book specifically for students and business people who need manage their own work and the work of others technologically. He helps the reader grasp the definition of certain legislation and discusses the ramifications of possible legal actions involving patents, copyrights, and trademarks. The text also includes legal documentation of cases that have affected modern copyright and intellectual property laws. One of the most defining and important features of this book is the appendix, which contains "Selected Provisions of the Copyright Act" as well as "Selected Provisions of the Lanham Act" (trademarks and registration). Burgunder is a professor of business law and public policy at Cal Poly Tech at San Luis Obispo. His legal expertise and the detail with which he covers almost every aspect of copyrights—from documenting to defending—make this book a valuable asset to professional writers and students studying or working in fields involving copyright law or managing technology.

Knight Technology’s site provides patent, trademark, and copyright information regarding intellectual property law. This site asks many questions like "if individuals are browsing information on the Internet, should they have to get the authors permission before viewing information?" It provides answers, describing how current laws try to allow the public access to a person's work without making it an intellectual property free-for-all. It gives historical information and discusses the implications of the past on today's legal battles over infringement. The site also includes links, general information, space to publish articles, and forums for discussing issues related to copyrighting. Professional writers and students can benefit from this site because it provides a vast archive of information and answers many common intellectual property questions.

Kushibab, P. (2001). Copyright law and music. Maricopa Community College District, 13, 10.

"Copyright law and music" deals with musical copyrights, one of the leading areas of current copyright debate. It explains the fair-use guidelines and reminds readers that copying recordings deprive composers, arrangers, and performers of their royalties. The Music Publishers’ Association and the Ad Hoc Committee on Copyright Law Revision developed fair-use guidelines for music. This article outlines the guidelines authorized to limit copying and altering of sheet music. These associations' are respectability and renown give the article credibility. Because copyrighting is such a large issue in the recording industry, it is important that professional writing undergraduates remain informed of the current copyright issues. Because the recording industry and the writing and publishing field parallel each other in terms of copyrights and intellectual property, professional writers can gather important information from this article.

Long, M. (2000). Fighting the good fight: Enforcing copyright law on the web. Interactive Week, 7, 40.

Marion Long, a reporter for Interactive Week, discusses law enforcement in this article. Like many other authors writing about copyright, she cites the Napster case as infringing on the laws. Long points out the flaws in current law, and in her interview with an IBM security manager, she writes of developments that are helping hackers attack individuals instead of just companies and their servers. Long covers past copyright laws, current developments, and what will continue to happen in the future. She enlightens the reader about the workings of new technologies and ways to stop others from taking advantage of copyrighted material on the Web. The focus of this article is the protection and enforcement, or lack thereof, of the copyright law. The material utilizes other possible sources of information and provides several valuable quotations on security and law; thus, it stands out as a resource for professional writers looking for current information about the ongoing battle over copyright infringement on the Web.

O’Mahoney, B. (1995-2000). The copyright website. Retrieved February 27, 2001, from the World Wide Web: http://www.benedict.com

The Copyright Website’s purpose is to provide the reader with up-to-date copyright information and to expose them to copyright infringements in visual, audio, and digital art. This website has received several awards for its presentation and information including, the Magellan 4-Star site award and the Starting Point Choice Award. The site discusses titles, names, and blank forms and touches on what copyrighting gives the author: the ability to sue and claim statutory damages. The website states that the Internet has been called the largest threat to copyright in history due to the free flow of information, most of which is copyrighted in some degree, and the public's apathy on the issue. A professional writer can benefit from this website because it gives practical information on the field of copyright which will certainly affect him or her.