Mission and Policies Page

Regarding the issue of copyrights:

I found a nifty book that explains copyright law, contains forms for registering copyrights, and explains how to register copyrights (Warda, 1998).

While the forms in the book apply to the United States, the U.S. is a signatory to the Berne Convention, as is Canada. So, I would guess that for our Canadian PT friends, copyright law would be substantially the same. (That's one of the benefits of treaties.)

A copyright gives you 5 exclusive rights:

1. to reproduce the work
2. the prepare derivative works
3. to distribute copies (e.g., to sell it)
4. to perform the work (e.g., if it is music, a movie, etc.)
5. to display the work (e.g., if it's a painting, photograph, sculpture, etc.)

A copyright is NOT the same thing legally as a trademark, a patent, or a trade secret.

A copyright begins immediately when a work has been created such that the work is "fixed in a medium." That means that a person can see, read, hear, touch, or hold the created work.

After March 1, 1989, it was no longer necessary to have a copyright notice in order for a work to be copyrighted. Though, it remains good practice to include such notices.

You can copyright unpublished material. In fact, as soon as you create unpublished material, it's copyrighted.

Little Known Facts:

• If you write a letter to a friend, you as author own the letter and retain all copyrights to it.
• Buildings can be copyrighted!

What Works Can You NOT Copyright?

1. Intangible works cannot be copyrighted. (e.g., those that cannot be seen, held, etc.).
2. Titles of books cannot be copyrighted. E.g., if you wanted to write a book and title it "Handbook of the Standard Behavior Chart," you would have every right to do so. What you could not do, of course, is copy in whole or substantial part the original book itself. My feeling is that, where possible, it's best even to avoid copying a book title, if nothing else so as to avoid confusing people!
3. Names cannot be copyrighted. (The solution here, if you want to protect a name, is to register it as a trademark.)
4. Slogans cannot be copyrighted. (You may be able to register slogans as trademarks.)
5. Ideas cannot be copyrighted. (The form in which you express an idea, however, can be copyrighted.)
6. Methods cannot be copyrighted.
7. Procedures cannot be copyrighted.
8. Systems cannot be copyrighted.
9. Plots and themes cannot be copyrighted.
10. "Scenes a faire" cannot be copyrighted.
11. Historical events cannot be copyrighted.
12. Common information cannot be copyrighted.
13. Mere facts cannot be copyrighted. (However, you can license others to use your compilation of mere facts.)
14. Government publications cannot be copyrighted. That means that laws and court opinions are not copyrighted or copyrightable. And, in the U.S. publications of the Government Printing Office are not copyrighted.
15. Lists of ingredients cannot be copyrighted.
16. Blank forms cannot be copyrighted.
17. Type faces cannot be copyrighted.
18. Utilitarian objects cannot be copyrighted. (To protect such objects you might need to patent them.)

Of course, material in the public domain from whatever source can be copied (e.g., if an original copyright has expired). Under current U.S. law, that means that copyrights before 1923 (75 years ago) are now expired. However, you should always check to make sure that a particular work is in the public domain. Moreover, I think it's best practice not to copy works even if the copyright has expired.

PUBLIC NOTICE: No information on this page, sent originally and exclusively to the Standard Chart List, shall be construed or otherwise regarded as legal advice of any kind whatsoever. If this page is redistributed, it must contain this Public Notice. If you have any questions about copyright law, please see an attorney at law. This email is for informational purposes only.

Just thought this update might help clarify things.

-- John Eshleman

REFERENCE:

Warda, M. (1998). How to register your own copyright, with forms. Naperville, IL: Sourcebooks.

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