* The Copyright Office takes the position that X-rays are not
copyrightable because they are mechanical. It can be argued
whether or not image enhancement in scanning can be protected. One
must exercise care with material created with public funds and
generally in the public domain. An article written by a federal
employee, if written as part of official duties, is not
copyrightable. However, control over a scientific article written
by a National Institutes of Health grantee (i.e., someone who
receives money from the U.S. government), depends on NIH policy. If
the government agency has no policy (and that policy can be
contained in its regulations, the contract, or the grant), the
author retains copyright. If a provision of the contract, grant, or
regulation states that there will be no copyright, then it does not
exist. When a work is created, copyright automatically comes into
existence unless something exists that says it does not.
* An enhanced electronic copy of a print copy of an older reference
work in the public domain that does not contain copyrightable new
material is a purely mechanical rendition of the original work, and
is not copyrightable.
* Usually, when a work enters the public domain, nothing can remove
it. For example, Congress recently passed into law the concept of
automatic renewal, which means that copyright on any work published
between l964 and l978 does not have to be renewed in order to
receive a seventy-five-year term. But any work not renewed before
1964 is in the public domain.
* Concerning whether or not the United States keeps track of when
authors die, nothing was ever done, nor is anything being done at
the moment by the Copyright Office.
* Software that drives a mechanical process is itself copyrightable.
If one changes platforms, the software itself has a copyright. The
World Intellectual Property Organization will hold a symposium 28
March through 2 April l993, at Harvard University, on digital
technology, and will study this entire issue. If one purchases a
computer software package, such as MacPaint, and creates something
new, one receives protection only for that which has been added.
Public-domain text, read in full here on John Shaqi.
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