Some opinions on copyright with respect to h2g2
Created | Updated Jan 28, 2002
Ok, I'm a US citizen so my opinions are based on my understanding of US copyright law. I know next to nothing about UK copyright law.
According to the BBC's terms and conditions page, I grant the BBC/h2g2 '...a perpetual, royalty-free, non-exclusive, sublicenseable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to any such work worldwide and/or to incorporate it in other works in any media now known or later developed for the full term of any rights that may exist in such content, consistent with privacy restrictions set forth in the BBC's Privacy Policy.' to anything I post to h2g2.
Thank God for cut and paste.
Elsewhere on the h2g2 site it says I retain full copyright to what I submit - to the extent I'm able to claim copyright at least. So what does the rather lengthy run on sentance in the T&C mean, you might ask.
Well, copyright is a set of intellectual property rights that I possess to any 'original work of authorship' that I might create, like this opinion for example. Under US law, and presumably UK law, that means I have the following exclusive rights.
1. I can make copies of my work and authorize other people to make copies of my work. In addition, I can forbid other people from making copies of my work.
What exactly is a copy, you ask? A copy is a tangible object that incorporates or embodies the information that I claim copyright to. In other words, if I printed this out on a piece of paper, the paper would be a copy. If I saved it to a floppy disk, the floppy disk would be a copy. I can give a dramatic reading of this entry and record it on cassette. The cassette would then be a special type of copy called a phonorecord.
2. I can prepare derivative works based on my copyrighted material. I can authorize other people to make derivative works, and I can forbid other people from making derivative works.
What exactly is a derivative work. Based on this entry, I can't think of any derivative works anyone could or likely would make. On the other hand, if you kindly look at my entry on 'Dancing Salon Style Argentine Tango', http://www.bbc.co.uk/h2g2/guide/A592634, I can think of a few. Some derivative works would be using that entry as a voice over for a short film about, you guessed it, dancing salon style Argentine tango. The script for the film would be a derivative work also.
3. I can '...distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending', authorize other people to do the same things, and forbid them from doing any or all of these activities. A simpler way to describe this, I can publish my work. (The quoted material in this paragraph comes from Title 17 USC § 106. Exclusive rights in copyrighted works.)
4. I can '...in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly', I can authorize others to do these things as well as forbid others from doing them. (Again, the quoted material in this paragraph comes from Title 17 USC § 106. Exclusive rights in copyrighted works.)
5. I can '...in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly', authorize other people to do these things, or forbid others from doing these things. (Again, the quoted material in this paragraph comes from Title 17 USC § 106. Exclusive rights in copyrighted works.) And finally,
6. I can '...in the case of sound recordings, ...perform the copyrighted work publicly by means of a digital audio transmission.', authorize other people to do this, or forbid them from doing this. (Again, the quoted material in this paragraph comes from Title 17 USC § 106. Exclusive rights in copyrighted works.
One fairly significant right that's not mentioned in § 106,. I can take legal action against anybody who infringes any or all of my copyrights. I'll come back to this in a bit.
So what the heck did I authorize h2g2 to do with my deathless prose? Well, I gave them permission. I gave them a permanent, permission to execise all 6 of my enumerated rights without compensation on a non-exclusive basis. I also gave them permission to grant permission to third parties do exercise all 6 of my enumerated copyrights on a non-exclusive basis with out compensating me. However, the BBC can seek compensation for sublicensing my work. All this in exchange to publicly displaying my scintillating wit for all the world to see? Sounds good to me. However, I still hold copyright, with one minor proviso. I have to inform anybody who seeks to purchase any or all of my copyrights that I've granted the BBC an non-exclusive license. Whee! Other than that, I can exercise any or all of my copyrights and grant other people non-exclusive licenses to utilize any or all of my copyrights.
I'll add to this another time...
According to the BBC's terms and conditions page, I grant the BBC/h2g2 '...a perpetual, royalty-free, non-exclusive, sublicenseable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to any such work worldwide and/or to incorporate it in other works in any media now known or later developed for the full term of any rights that may exist in such content, consistent with privacy restrictions set forth in the BBC's Privacy Policy.' to anything I post to h2g2.
Thank God for cut and paste.
Elsewhere on the h2g2 site it says I retain full copyright to what I submit - to the extent I'm able to claim copyright at least. So what does the rather lengthy run on sentance in the T&C mean, you might ask.
Well, copyright is a set of intellectual property rights that I possess to any 'original work of authorship' that I might create, like this opinion for example. Under US law, and presumably UK law, that means I have the following exclusive rights.
1. I can make copies of my work and authorize other people to make copies of my work. In addition, I can forbid other people from making copies of my work.
What exactly is a copy, you ask? A copy is a tangible object that incorporates or embodies the information that I claim copyright to. In other words, if I printed this out on a piece of paper, the paper would be a copy. If I saved it to a floppy disk, the floppy disk would be a copy. I can give a dramatic reading of this entry and record it on cassette. The cassette would then be a special type of copy called a phonorecord.
2. I can prepare derivative works based on my copyrighted material. I can authorize other people to make derivative works, and I can forbid other people from making derivative works.
What exactly is a derivative work. Based on this entry, I can't think of any derivative works anyone could or likely would make. On the other hand, if you kindly look at my entry on 'Dancing Salon Style Argentine Tango', http://www.bbc.co.uk/h2g2/guide/A592634, I can think of a few. Some derivative works would be using that entry as a voice over for a short film about, you guessed it, dancing salon style Argentine tango. The script for the film would be a derivative work also.
3. I can '...distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending', authorize other people to do the same things, and forbid them from doing any or all of these activities. A simpler way to describe this, I can publish my work. (The quoted material in this paragraph comes from Title 17 USC § 106. Exclusive rights in copyrighted works.)
4. I can '...in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly', I can authorize others to do these things as well as forbid others from doing them. (Again, the quoted material in this paragraph comes from Title 17 USC § 106. Exclusive rights in copyrighted works.)
5. I can '...in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly', authorize other people to do these things, or forbid others from doing these things. (Again, the quoted material in this paragraph comes from Title 17 USC § 106. Exclusive rights in copyrighted works.) And finally,
6. I can '...in the case of sound recordings, ...perform the copyrighted work publicly by means of a digital audio transmission.', authorize other people to do this, or forbid them from doing this. (Again, the quoted material in this paragraph comes from Title 17 USC § 106. Exclusive rights in copyrighted works.
One fairly significant right that's not mentioned in § 106,. I can take legal action against anybody who infringes any or all of my copyrights. I'll come back to this in a bit.
So what the heck did I authorize h2g2 to do with my deathless prose? Well, I gave them permission. I gave them a permanent, permission to execise all 6 of my enumerated rights without compensation on a non-exclusive basis. I also gave them permission to grant permission to third parties do exercise all 6 of my enumerated copyrights on a non-exclusive basis with out compensating me. However, the BBC can seek compensation for sublicensing my work. All this in exchange to publicly displaying my scintillating wit for all the world to see? Sounds good to me. However, I still hold copyright, with one minor proviso. I have to inform anybody who seeks to purchase any or all of my copyrights that I've granted the BBC an non-exclusive license. Whee! Other than that, I can exercise any or all of my copyrights and grant other people non-exclusive licenses to utilize any or all of my copyrights.
I'll add to this another time...
