Created by 08/23/98
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PAPA was recently sent the following information. We do not endorse any part of this information, nor can we confirm it's truth or validity, but merely present it without comment.

To copyright a program a producer must use the character generator to type in either the copyright symbol or the word "copyright" followed by the year created and the producer's name on your Edited Master Tape. Typing "all rights reserved" is believed to copyright the program on a world wide basis, but you may well wish to investigate the laws in other countries to see what additional procedures must be followed to have that country recognize the validity of your copyright.

Can one use parts of a copyrighted work without the owners permission?

It seems that there is a doctrine of "fair use" and the following are some of the criterion that have been used in determining "fair use" in various legal decisions. We are not lawyers, and do not represent that this is all you need to know in this issue. For legal advice, hunt up your own %$#& lawyers and argue it out with them.

Meanwhile, reflect on the following...

FAIR USE OF COPYRIGHTED MATERIALS WITHOUT OWNERS PERMISSION...

1. The purpose and character of the use.
   Non-profit educational purposes are more likely to be considered fair use than one that is strictly commercial.

2. The nature of the copyright work.
   Factual information is more likely to be accepted for fair use than creative elements such as novels.

3. The amount and substantiality of the portion used.
   Very small portions of the original are more likely to be in fair use than large portions.

4. The economic effect of the use.
   The less financial gain for the duplicator, the better the fair use case.

5. Degree of exposure.
   A single use before a small audience would probably be closer to fair use than would multiple uses before a large public audience.

6. Level of premeditation.
   A spontaneous use is more likely fair use than a portion used in a systematic and continuing plan.

7. Honesty of use.
   If full credit is given to the copyright owner, that is more likely fair use than deceptively hiding ownership.

Having said that, even if it is absolutely clear that all 7 of these criterion are met, that doesn't mean some ugly misshapen, bad corporate lawyer (sorry for the redundancy) can't make your life miserable anyway. If it appears that this might happen to you, keep copious notes with an eye towards publicizing the attorney's unreasonable "Godzilla stepping on Bambi" image in the media. They hate that.

WHAT ARE THE PUNISHMENTS FOR COPYRIGHT INFRINGEMENT?

1. A fine of up to $25,000. (Some are per use)
2. A sentence up to one year in prison
3. A possible destruction of all equipment, materials, and copies related to the infringement.
4. Indefinite period of time corresponding with slimey lawyers.
   FOR other thoughts on copyright issues on the web,
   click on this "Faded Tapestry " button