However, copyright does not protect ideas, methods, systems--only the way
that one expresses those things. Nor does copyright protect anything
that is mechanical, anything that does not involve choice, or criteria
concerning whether or not one should do a thing. For example, the
results of a process called declicking, in which one mechanically removes
impure sounds from old recordings, are not copyrightable. On the other
hand, the choice to record a song digitally and to increase the sound of
violins or to bring up the tympani constitutes the results of conversion
that are copyrightable. Moreover, if a work is protected by copyright in
the United States, one generally needs the permission of the copyright
owner to convert it. Normally, who will own the new--that is, converted-
-material is a matter of contract. In the absence of a contract, the
person who creates the new material is the author and owner. But people
do not generally think about the copyright implications until after the
fact. PETERS stressed the need when dealing with copyrighted works to
think about copyright in advance. One's bargaining power is much greater
up front than it is down the road.
PETERS next discussed works not protected by copyright, for example, any
work done by a federal employee as part of his or her official duties is
in the public domain in the United States. The issue is not wholly free
of doubt concerning whether or not the work is in the public domain
outside the United States. Other materials in the public domain include:
any works published more than seventy-five years ago, and any work
published in the United States more than twenty-eight years ago, whose
copyright was not renewed. In talking about the new technology and
putting material in a digital form to send all over the world, PETERS
cautioned, one must keep in mind that while the rights may not be an
issue in the United States, they may be in different parts of the world,
where most countries previously employed a copyright term of the life of
the author plus fifty years.
Public-domain text, read in full here on John Shaqi.
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