* 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.
PETERS added that often in copyright matters, rough justice is the outcome, for example, in collective licensing, ASCAP (i.e., American Society of Composers, Authors, and Publishers), and BMI (i.e., Broadcast Music, Inc.), where it may seem that the big guys receive more than their due. Of course, people ought not to copy a creative product without paying for it; there should be some compensation. But the truth of the world, and it is not a great truth, is that the big guy gets played on the radio more frequently than the little guy, who has to do much more until he becomes a big guy. That is true of every author, every composer, everyone, and, unfortunately, is part of life.
Copyright always originates with the author, except in cases of works made for hire. (Most software falls into this category.) When an author sends his article to a journal, he has not relinquished copyright, though he retains the right to relinquish it. The author receives absolutely everything. The less prominent the author, the more leverage the publisher will have in contract negotiations. In order to transfer the rights, the author must sign an agreement giving them away.
In an electronic society, it is important to be able to license a writer and work out deals. With regard to use of a work, it usually is much easier when a publisher holds the rights. In an electronic era, a real problem arises when one is digitizing and making information available. PETERS referred again to electronic licensing clearinghouses. Copyright ought to remain with the author, but as one moves forward globally in the electronic arena, a middleman who can handle the various rights becomes increasingly necessary.
The notion of copyright law is that it resides with the individual, but in an on-line environment, where a work can be adapted and tinkered with by many individuals, there is concern. If changes are authorized and there is no agreement to the contrary, the person who changes a work owns the changes. To put it another way, the person who acquires permission to change a work technically will become the author and the owner, unless some agreement to the contrary has been made. It is typical for the original publisher to try to control all of the versions and all of the uses. Copyright law always only sets up the boundaries. Anything can be changed by contract.
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