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Re: Implied vs. explicit copyright

On Tue, Jul 22, 2003 at 10:38:10AM +0200, Arnoud Galactus Engelfriet wrote:
> Andrew Suffield wrote:
> > Actually the real law says "may" and "shall". The "must" part is
> > another invention of the US Copyright Office.
> > 
> > (Title 17, Chapter 4, Section 401 (a) and (b))
> That says that you MAY include a coypright notice as defined in
> section 401(b). If you choose to do so, then it MUST be


You're doing it too. I see no "MUST" anywhere in section 401. Please
constrain yourself to things which are actually part of the law.

> Section 401(d) is the key here, I think. It provides a certain
> advantageous effect in a lawsuit, but only if you use the
> 'notice of copyright in the form and position specified by this 
> section'. And section 401(b) specifies the form as requiring
> 'c-in-a-circle', "Copyright" or "Copr.".
> So while you can put any notices you want on your copies, you
> do not obtain any benefits from the statute by doing so.
> Now, it could be that there is some US precedent that provides
> other reasons why a defendant's claim of innocent infringement
> is to be given no weight. But the statute only talks about
> 'c-in-a-circle', "Copyright" or "Copr.".

However, there is no statement that forming the notice by using the
sequence "(c)" is invalid or would not be counted as equivalent.

Again, I am not claiming that it has equivalent status in law.
Rather, I am saying that the statement "Using (c) instead of circle-C
or 'Copyright' renders your notice invalid" has no basis in law

[Which is why I asked for precedent in the first place - I checked the
US code, the Berne convention, and the UCC, and found no evidence to
support this position. I had expected there to be some backing to the
statement, but it appears it is merely enthusiastic speculation.]

  .''`.  ** Debian GNU/Linux ** | Andrew Suffield
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