Noting that the United States is a member of the Berne Convention and
subscribes to its provisions, PETERS described the permissions process.
She also defined compulsory licenses. A compulsory license, of which the
United States has had a few, builds into the law the right to use a work
subject to certain terms and conditions. In the international arena,
however, the ability to use compulsory licenses is extremely limited.
Thus, clearinghouses and other collectives comprise one option that has
succeeded in providing for use of a work. Often overlooked when one
begins to use copyrighted material and put products together is how
expensive the permissions process and managing it is. According to
PETERS, the price of copyright in a digital medium, whatever solution is
worked out, will include managing and assembling the database. She
strongly recommended that publishers and librarians or people with
various backgrounds cooperate to work out administratively feasible
systems, in order to produce better results.
In the lengthy question-and-answer period that followed PETERS's
presentation, the following points emerged:
* The Copyright Office maintains that anything mechanical and
totally exhaustive probably is not protected. In the event that
what an individual did in developing potentially copyrightable
material is not understood, the Copyright Office will ask about the
creative choices the applicant chose to make or not to make. As a
practical matter, if one believes she or he has made enough of those
choices, that person has a right to assert a copyright and someone
else must assert that the work is not copyrightable. The more
mechanical, the more automatic, a thing is, the less likely it is to
be copyrightable.
* Nearly all photographs are deemed to be copyrightable, but no one
worries about them much, because everyone is free to take the same
image. Thus, a photographic copyright represents what is called a
"thin" copyright. The photograph itself must be duplicated, in
order for copyright to be violated.
Public-domain text, read in full here on John Shaqi.
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