Introduction: Copyright basics
Copyright protection is applied only to expressions of ideas, not to the ideas themselves. Processes, systems, methods, and discoveries are not protected under copyright law. Under the Copyright Act, protection is granted to
"original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device"
...therefore including digital media as well as traditional media such as books and paintings. From this provision of the Copyright Act, courts have established three key requirements for copyright protection: originality, creativity, and fixation.
For a work to receive protection, it must be created independently
of existing works, it must exhibit some level of creative effort, and it
must be fixed in a "tangible medium."
(For example, spoken words, synchronous classroom sessions, or live performances
are not protected unless captured on film or another medium.)
Protection is automatic as soon as the work is created and fixed--even without publication or the use of a copyright notice on the work.
» International conventions & digital provisions
Treaties and agreements, such as the Bern Convention, govern international uses of copyrighted content. However, it is important for Internet developers to understand that not every country recognizes these agreements. Some countries, particularly in the developing world, are not signatories of international treaties, and some signatory countries unofficially refuse to recognize instances of copyright infringement.
Example:
In some countries of the former Soviet Union, for example, high schools routinely purchase a single copy of a printed text published in another country, then photocopy the text for each student and teacher. In many developing countries, medical journals and texts published abroad are often routinely copied and distributed to hospital staff and medical students. Regulators often close their eyes to instances such as these if they know that the schools or hospitals could not otherwise afford to purchase textbooks.
Late in 1996, the World Intellectual Property Organization (WIPO) adopted two treaties meant to extend copyright protection under the Berne Convention to the digital age. These treaties have two main objectives
- They make it clear that electronic copies are protected under copyright law.
- They articulate the principle that making electronic copies of copyrighted material is an act of infringement.
The WIPO Copyright Treaty requires that countries protect an author's works from efforts to circumvent technological measures or devices used by authors to protect their works (such as digital watermarks).
The treaty also addressed concerns of ISPs and other service providers by providing that making available a facility to enable communication (such as an online discussion board) does not constitute an act of communication.
On October 28, 1998, President Clinton signed the Digital Millennium Copyright Act, which implemented the WIPO treaties and also contains provisions addressing other copyright-related matters.
