Loophole on rights on works published on the SDMB by posters

[clayton_e]

I know they say that the chicago reader has rights to everything published on the boards, which could (in theory) keep people from publishing their literary works on the boards. What if someone posted a link to their works, but none of the actual piece itself?

[Una_Persson]

If I post a link here on the SDMB to a CNN article on their website, can the SDMB assert a copyright over that material?

No, they cannot. Nor can they over your own works published previously elsewhere.

[Some_Guy]

What Una said.

If you (or anyone else, for that matter) is concerned about the copyright of particular material (in particular, if you will ever have any wish at all to assert it), that is precisely the way in which you should present it.

[clayton_e]

Thanks.

[Arnold_Winkelried]

I am not a lawyer, but common sense (upon which the US system of laws is based ) would seem to indicate that what Anthracite says is correct. Otherwise I could post a link to many sites on my personal home page and thus gain copyright privileges over those sites.

[Some_Guy]

*Originally posted by Arnold Winkelried *
** common sense (upon which the US system of laws is based ) **

cite please?

[Polycarp]

IANACL, but it’s my understanding that:

1. Under current copyright law, you the individual retain copyright to all unpublished work which you create.

2. “Publish” means to make available to the general public in some way, and would include posting it on the Internet in some way, including as a post on this board.

3. Material which you publish (in this meaning) without stating that you retain copyright to, you release into the public domain – subject, of course, to any copyright rights retained by the owner of the medium through which you publish.

4. The Chicago Reader, Inc., retains non-exclusive copyright to any material posted on the board by anyone whatsoever, predominantly (though this is not stated) in order to be able to use it without your prior permission in future Straight Dope collections. By posting to the board, you grant them this right, and I would assume cannot restrict them from that right by retaining all rights.

5. This, however, does not affect your own rights, and if you have not retained copyright, anyone else is free to make use of your posted material as being in the public domain. (I would assume that even in this case, it would be contrary to public policy to pass off someone else’s work as your own, so that you would quote the other person as having said what you copy but would not have to obtain permission to do so.

Anyone who wishes to confirm or correct this on a better knowledge of copyright law than my own is more than welcome to do so. Certainly nobody should rely on it for anything involving a financial concern. But for everyday use I believe it accurately summarizes the current law.

[UncleBeer]

Posting your work here does not prevent the author from publishing anywhere else. I simply gives the CR joint rights with you. From the fine print at the bottom of the page:

*No material contained in this site may be republished or reposted without express written consent of the Chicago Reader, Inc., except that message board users retain the right to republish or repost their own work. *

[Una_Persson]

With all due respect, PolyCarp, is I’m not certain that the US Copyright Office agrees with you on your point (3).

From http://www.loc.gov/copyright/faq.html

2. When is my work protected?

Your work is under copyright protection the moment it is created and fixed in a tangible form so that it is perceptible either directly or with the aid of a machine or device.

13. Do I have to register with your office to be protected?

No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work.

34. Who is an author?

Under the copyright law, the creator of the original expression in a work is its author. The author is also the owner of copyright unless there is a written agreement by which the author assigns the copyright to another person or entity, such as a publisher.

38. What is publication?

Publication has a technical meaning in copyright law. According to the statute, “Publication is the distribution of copies or phonorecords of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending. The offering to distribute copies or phonorecords to a group of persons for purposes of further distribution, public performance, or public display constitutes publication. A public performance or display of a work does not of itself constitute publication.” Generally, publication occurs on the date on which copies of the work are first made available to the public.

39. Does my work have to be published to be protected?

Publication is not necessary for copyright protection.

40. How do I get my work published?

Publication occurs at the discretion and initiative of the copyright owner.

53. What is a copyright notice? How do I put a copyright notice on my work?

A copyright notice is an identifier placed on copies of the work to inform the world of copyright ownership. While use of a copyright notice was once required as a condition of copyright protection, it is now optional. Use of the notice is the responsibility of the copyright owner and does not require advance permission from, or registration with, the Copyright Office. See Circular 3, Copyright Notice for requirements for works published before March 1, 1989 and for more information on the form and position of the copyright notice.

Also, see this link: http://www.loc.gov/copyright/circs/circ1.html#wnp

WHAT WORKS ARE PROTECTED?
Copyright protects “original works of authorship” that are fixed in a tangible form of expression. The fixation need not be directly perceptible so long as it may be communicated with the aid of a machine or device. Copyrightable works include the following categories:

(1) literary works;
(2) musical works, including any accompanying words
(3) dramatic works, including any accompanying music
(4) pantomimes and choreographic works
(5) pictorial, graphic, and sculptural works
(6) motion pictures and other audiovisual works
(7) sound recordings
(8) architectural works
These categories should be viewed broadly. For example, computer programs and most “compilations” may be registered as “literary works”; maps and architectural plans may be registered as “pictorial, graphic, and sculptural works.”

WHAT IS NOT PROTECTED BY COPYRIGHT?
Several categories of material are generally not eligible for federal copyright protection. These include among others:

Works that have not been fixed in a tangible form of expression (for example, choreographic works that have not been notated or recorded, or improvisational speeches or performances that have not been written or recorded)

Titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents

Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration

Works consisting entirely of information that is common property and containing no original authorship (for example: standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources)

(SNIP)

Copyright Secured Automatically upon Creation
The way in which copyright protection is secured is frequently misunderstood. No publication or registration or other action in the Copyright Office is required to secure copyright. (See following Note.) There are, however, certain definite advantages to registration. See “Copyright Registration.”

Copyright is secured automatically when the work is created, and a work is “created” when it is fixed in a copy or phonorecord for the first time.

(SNIP)

PUBLICATION
Publication is no longer the key to obtaining federal copyright as it was under the Copyright Act of 1909. However, publication remains important to copyright owners.

(SNIP)

Publication is an important concept in the copyright law for several reasons:

Works that are published in the United States are subject to mandatory deposit with the Library of Congress. See discussion on “Mandatory Deposit for Works Published in the United States.”

Publication of a work can affect the limitations on the exclusive rights of the copyright owner that are set forth in sections 107 through 121 of the law.

The year of publication may determine the duration of copyright protection for anonymous and pseudonymous works (when the author’s identity is not revealed in the records of the Copyright Office) and for works made for hire.

Deposit requirements for registration of published works differ from those for registration of unpublished works. See discussion on “Registration Procedures.”

When a work is published, it may bear a notice of copyright to identify the year of publication and the name of the copyright owner and to inform the public that the work is protected by copyright. Copies of works published before March 1, 1989, must bear the notice or risk loss of copyright protection. See discussion on “Notice of Copyright” below.

(SNIP)

NOTICE OF COPYRIGHT
The use of a copyright notice is no longer required under U. S. law, although it is often beneficial. Because prior law did contain such a requirement, however, the use of notice is still relevant to the copyright status of older works.

AFAIK, everything I write, unless I have an agreement in advance, is copyrighted by me, whether or not I claim it, say “Copyright…”, or use the “©” symbol.

There are also certain other legal issues that the Reader would definitely not want to get involved in. For instance, they certainly should not be trying to publish posts dealing with “medical advice” offered by doctors on the Board. They also could get in serious trouble republishing engineering advice offered by a P.E. - I think there is some precedent in Kansas and Missouri for this, but will have to check.

[Cervaise]

I was going to correct Polycarp (taking advantage of an exceedingly rare opportunity to do so), but I see Anthracite has already done so. To sum up: One’s copyright is not lost until (1) it is explicitly sold or transferred, (2) the requisite period of time has elapsed, (3) repeated and persistent failure to enforce one’s rights causes the work to de facto enter the public domain, or (4) one explicitly states that one is waiving/relinquishing one’s rights and thus sends the work into the public domain. Otherwise, once you establish it in a permanent form (including a web page), you have the copyright, period.