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"Tansin A. Darcos & Company" <[log in to unmask]>
Mon, 18 Oct 1993 00:12:00 -0400
text/plain (62 lines)
From: Paul Robinson <[log in to unmask]>
Organization: Tansin A. Darcos & Company, Silver Spring, MD USA
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Eric Thomas <[log in to unmask]>, writes:
 
> I see a number of problems with this copyright notice:
 
I think a better term would  be "Copyright Advisory".  A "copyright
notice" is a statement of copyright by an owner.  :)
 
"Notice: Messages posted here may be copyrighted...."
 
Is a copyright advisory;
 
"Copyright (C) MCMXCIII Tansin A. Darcos & Company, All Rights Reserved.
This message may not be reproduced by any means, including reproduction by
listserver or display on a screen of any addressee."
 
is a copyright notice.
 
 
> 1. It is US-centric in its references  to law.
 
Actually, the provisions cited - right of quoting and name protection, no
notice being required, limitation of rights - these are all European
provisions that were forced down the US' Throat in order for the U.S. to
become a member of the Berne Convention for the protection of Literary
works, which we did three years ago.  These are European provisions.
 
> To take a concrete example, in the US you're not allowed to make a copy
> of a CD to a tape to listen in your car (most people do it anyway,  but
> that's another matter). In France, it falls  under the provision for
> "copies for the private  use of the copier", and there is nothing the
> record company could do about it.
 
Not quite true.  Technically, the owner of a legal reproduction of a work
has the right to produce a copy of said reproduction without requiring the
permission of the copyright holder where necessary to use it; it could be
argued that a CD is a program to a CD player; since the CD will not work
in the tape player in one's car, one must copy it to use it.  :) Second,
one has the right to make archival copies of any work in order to protect
it from damage or destruction; it can also be argued that the heat and
damaging conditions in transport make damage of the CD likely, and thus to
protect it, the person is using the copy and leaving the original as
archive material to reduce the chance of damage.  As long as one has the
original the copies are permitted and are not infringing.  If one
transfers possession of the original, the copies must be transferred or
destroyed.
 
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Paul Robinson - [log in to unmask]
Voted "Largest Polluter of the (IETF) list" by Randy Bush <[log in to unmask]>
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The following Automatic Fortune Cookie was selected only for this message:
 
Cold, adj.:
        When the local flashers are handing out written descriptions.

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