U.S. Copyright Office - Copyright and Digital Files
Copyright and Digital Files
Can I backup my computer software?
Yes, under certain conditions as provided by section 117 of the Copyright Act. Although the precise term used under section 117 is “archival” copy, not “backup” copy, these terms today are used interchangeably. This privilege extends only to computer programs and not to other types of works.
Under section 117, you or someone you authorize may make a copy of an original computer program if:
* the new copy is being made for archival (i.e., backup) purposes only;
* you are the legal owner of the copy; and
* any copy made for archival purposes is either destroyed, or transferred with the original copy, once the original copy is sold, given away, or otherwise transferred.
You are not permitted under section 117 to make a backup copy of other material on a computer's hard drive, such as other copyrighted works that have been downloaded (e.g., music, films).
It is also important to check the terms of sale or license agreement of the original copy of software in case any special conditions have been put in place by the copyright owner that might affect your ability or right under section 117 to make a backup copy. There is no other provision in the Copyright Act that specifically authorizes the making of backup copies of works other than computer programs even if those works are distributed as digital copies.
Is it legal to sell backup copies of computer software (in online auctions or on website)? Is it legal to buy and use a backup copy of software I already own?
No. The Copyright Act does not permit anyone to sell backup copies to third parties separately from the original copy of the software. If you lawfully own a computer program, you may sell or transfer that lawful copy together with a lawfully made backup copy of the software, but you may not sell the backup copy alone.
We have been made aware of websites that are offering to sell “backup” copies of software via download over the Internet or in a custom-burned CD-R format, under the guise that section 117 permits this. Section 117 does NOT permit the sale of backup copies. Again, section 117 does not allow you to sell backup copies to someone else except when such backup copies are sold together with the original lawfully owned copy. It does not allow anyone to solely distribute “backup” copies to the public. In addition to being a violation of the exclusive right of distribution, such activity is also likely to be a violation of the terms of the license to the software. In many cases these sites appear to be a front for distribution of illegal copies, which is copyright infringement. You should be wary of sites that offer to sell you a backup copy.
And if you do buy an illegal backup copy, you will be engaging in copyright infringement if you load that illegal copy onto your computer, i.e., the unauthorized reproduction of the infringing computer program into memory. Lesson: if you want a backup copy of a lawfully owned computer program, back it up yourself.
Can I copyright my website?
The original authorship appearing on a website may be protected by copyright. This includes writings, artwork, photographs, and other forms of authorship protected by copyright. Procedures for registering the contents of a website may be found in Circular 66, Copyright Registration for Online Works.
Can I copyright my domain name?
Copyright law does not protect domain names. The Internet Corporation for Assigned Names and Numbers (ICANN), a nonprofit organization that has assumed the responsibility for domain name system management, administers the assignation of domain names through accredited registers.
Is it legal to download works from peer-to-peer networks and if not, what is the penalty for doing so?
Uploading or downloading works protected by copyright without the authority of the copyright owner is an infringement of the copyright owner's exclusive rights of reproduction and/or distribution. Anyone found to have infringed a copyrighted work may be liable for statutory damages up to $30,000 for each work infringed and, if willful infringement is proven by the copyright owner, that amount may be increased up to $150,000 for each work infringed. In addition, an infringer of a work may also be liable for the attorney's fees incurred by the copyright owner to enforce his or her rights.
Whether or not a particular work is being made available under the authority of the copyright owner is a question of fact. But since any original work of authorship fixed in a tangible medium (including a computer file) is protected by federal copyright law upon creation, in the absence of clear information to the contrary, most works may be assumed to be protected by federal copyright law.
Since the files distributed over peer-to-peer networks are primarily copyrighted works, there is a risk of liability for downloading material from these networks. To avoid these risks, there are currently many "authorized" services on the Internet that allow consumers to purchase copyrighted works online, whether music, ebooks, or motion pictures. By purchasing works through authorized services, consumers can avoid the risks of infringement liability and can limit their exposure to other potential risks, e.g., viruses, unexpected material, or spyware.
For more information on this issue, see the Register of Copyrights' testimony before the Senate Judiciary Committee.
Note: The Copyright Office offers introductory answers to frequently asked questions about copyright, registration, and services of the Office. Links throughout the answers will guide you to further information on our website or from other sources. For any other questions, please visit our Contact Us page.
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Revised: 12-Jul-2006
Wednesday, February 10, 2010
Monday, December 7, 2009
Thursday, December 3, 2009
Futuristic, Fantasy, Paranormal Romance samplers in one volume
Authors in this sampler include:
Joy Nash, Jade Lee, Deborah Macgillivray, Beth Caudill, Rowena Cherry, Susan Grant, Linnea Sinclair, Dawn Thompson, Cindy Spencer Pape, Charlotte Boyett Compo, Robin T Popp, C L Wilson, Nina Bangs ... and more.
SFR, Futuristic, Fantasy, and Paranormal authors' sampler
Authors in this sampler include:
Joy Nash, Jade Lee, Deborah Macgillivray, Beth Caudill, Rowena Cherry, Susan Grant, Linnea Sinclair, Dawn Thompson, Cindy Spencer Pape, Charlotte Boyett Compo, Robin T Popp, C L Wilson, Nina Bangs ... and more.
Friday, September 18, 2009
Saturday, April 25, 2009
Sunday, April 5, 2009
It's been an interesting week.
J K Rowling and other bestselling authors took on SCRIBD, and the Times of London Online reported sympathetically.
http://technology.timesonline.co.uk/tol/news/tech_and_web/the_web/article5998918.ece?Submitted=true
On a Copyright Alliance blog, a commentator suggested that President Obama's gift to The Queen of England may have set an unfortunate example of piratical behaviour.
http://www.eff.org/deeplinks/2009/04/first-sale-president-obama-and-queen-england
Another interesting discussion of infringement
http://blog.copyrightalliance.org/2009/04/whacking-infringement/
Apparently, there is a report that someone at the prestigious TED conference has analyzed morality and petty theft, and the conclusions may tend to be rather depressing.
http://blog.copyrightalliance.org/2009/04/a-file-sharing-honor-code/
If I read the argument correctly, humans are hardwired to cheat and steal if they think they can get away with it, especially if they know someone else who does so.
When I started teaching, it wasn't easy to steal copyrighted material. Those were the days of carbon copies and the Banda machine which you rolled to press out glorified and very messy copies one at a time, and before you could do that, you had to use an old fashioned typewriter, and type every character. Your time had to be worth very little for piracy to make economic sense!
Now, photocopiers are everywhere, and they probably do not come with the same warnings that are stuck on FedEx Kinkos machines for the public to use. "Copying Is Illegal" is printed large on materials intended for school use, and teachers copy the materials, warnings and all, and give them to children. A generation has grown up honestly believing that, if you don't have the budget, it is fine to copy and share, and nothing bad will happen.
What a difference 25 years make! Where will we be (morally) in another 25 years, assuming that Nostradamus was mistaken, and the world doesn't end in 2012.
Will there be an entertainment industry? Will it be like ancient Rome again, with the Emperors responsible for putting on mass entertainment (free) to pacify the masses and deciding --based on brutal popularity polls and Imperial whim-- whether we are paid and how much, or whether we are put to death for not being appropriately amusing?
Also, what will happen with regard to the law, and theft? If Robin Hood were King of England, would he tolerate several million lesser Robin Hoods all over the merry realm, making up their own minds who had more than their fair share? If theft becomes a matter of interpretation... some sorts of stealing are acceptable... well, it won't be like feudal England.
Bring back the pillory and the stocks! (And the rotten, soft vegetables. I wouldn't want to hurt anyone).
PS. For those artists and writers and musicians who want their copyrighted work taken down from "file-sharing" sites, look at the Footer of the site in question for words such as "Copyright". That's the text link to find out what their requirements are for a "Take Down Notice". Usually, you will need a screen capture, and dual processor so you can have two windows open at the same time. You also need an ISBN. Not all works have ISBNs.
You also need an email account that suggests that you are the copyright holder. This, too, is a problem these days.
Here's the form of words that one site requires:
Please be aware that if you send a take down notice, the site is likely to post a note telling the world that you were the person who requested that the download be removed.
J K Rowling and other bestselling authors took on SCRIBD, and the Times of London Online reported sympathetically.
http://technology.timesonline.co.uk/tol/news/tech_and_web/the_web/article5998918.ece?Submitted=true
On a Copyright Alliance blog, a commentator suggested that President Obama's gift to The Queen of England may have set an unfortunate example of piratical behaviour.
How about the Queen? Should she have to give her Ipod back? Technically what she did is infringement!
http://www.eff.org/deeplinks/2009/04/first-sale-president-obama-and-queen-england
Another interesting discussion of infringement
http://blog.copyrightalliance.org/2009/04/whacking-infringement/
Apparently, there is a report that someone at the prestigious TED conference has analyzed morality and petty theft, and the conclusions may tend to be rather depressing.
http://blog.copyrightalliance.org/2009/04/a-file-sharing-honor-code/
If I read the argument correctly, humans are hardwired to cheat and steal if they think they can get away with it, especially if they know someone else who does so.
When I started teaching, it wasn't easy to steal copyrighted material. Those were the days of carbon copies and the Banda machine which you rolled to press out glorified and very messy copies one at a time, and before you could do that, you had to use an old fashioned typewriter, and type every character. Your time had to be worth very little for piracy to make economic sense!
Now, photocopiers are everywhere, and they probably do not come with the same warnings that are stuck on FedEx Kinkos machines for the public to use. "Copying Is Illegal" is printed large on materials intended for school use, and teachers copy the materials, warnings and all, and give them to children. A generation has grown up honestly believing that, if you don't have the budget, it is fine to copy and share, and nothing bad will happen.
What a difference 25 years make! Where will we be (morally) in another 25 years, assuming that Nostradamus was mistaken, and the world doesn't end in 2012.
Will there be an entertainment industry? Will it be like ancient Rome again, with the Emperors responsible for putting on mass entertainment (free) to pacify the masses and deciding --based on brutal popularity polls and Imperial whim-- whether we are paid and how much, or whether we are put to death for not being appropriately amusing?
Also, what will happen with regard to the law, and theft? If Robin Hood were King of England, would he tolerate several million lesser Robin Hoods all over the merry realm, making up their own minds who had more than their fair share? If theft becomes a matter of interpretation... some sorts of stealing are acceptable... well, it won't be like feudal England.
Bring back the pillory and the stocks! (And the rotten, soft vegetables. I wouldn't want to hurt anyone).
PS. For those artists and writers and musicians who want their copyrighted work taken down from "file-sharing" sites, look at the Footer of the site in question for words such as "Copyright". That's the text link to find out what their requirements are for a "Take Down Notice". Usually, you will need a screen capture, and dual processor so you can have two windows open at the same time. You also need an ISBN. Not all works have ISBNs.
You also need an email account that suggests that you are the copyright holder. This, too, is a problem these days.
Here's the form of words that one site requires:
Pursuant to 17 USC 512(c)(3)(A), this communication serves as a statement that:
1. I am the exclusive rights holder for [TITLE OF WORK] ISBN [OF WORK], the titles of copyrighted material being infringed upon, which were published [DATE OF COPYRIGHT/DATE OF PUBLISHING];
2. These exclusive rights are being violated by material available upon your site at the following URL(s): [GIVE THE URLS TO THE DOWNLOADS AND TO THE PAGES OFFERING YOUR WORKS]
3. I have a good faith belief that the use of this material in such a fashion is not authorized by [YOUR NAME] the copyright holder, the copyright holder's agent, or the law;
4. Under penalty of perjury in a United States court of law, I state that the information contained in this notification is accurate, and that I am authorized to act on the behalf of the exclusive rights holder for the material in question;
5. I may be contacted by the following methods
[GIVE YOUR NAME, ADDRESS, PHONE NUMBER, EMAIL ADDRESS]
I hereby request that you remove or disable access to this material as it appears on your service in as expedient a fashion as possible. Thank you.
Please be aware that if you send a take down notice, the site is likely to post a note telling the world that you were the person who requested that the download be removed.
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