Showing posts with label copyright. Show all posts
Showing posts with label copyright. Show all posts

Thursday, March 07, 2013

Wangs

Back in days when every law office had a Wang word processor, I was working for a large engineering firm with a large group doing environmental work.  They did not put me in the environmental group, but in the legal group drawing up the work contracts for the environmental group.  That was reasonable, RCRA and CERCLA were important to the contracts, but outside of the contract lawyers areas of expertise.  So I sat in the law group between the Wangs and the files.

Every lawyer in the SF Complex with an emergency project would first run to either the Wangs or the files.  They would see me, and if I did not look like my hair was on fire, I would get pulled into whatever emergency had been dumped in their lap.  Thus, at some point I have worked on most of the legal topics that might come up in a global engineering firm. A popular topic was intellectual property and copyright.

I have been accused of  copyright violations with respect to Brears.  If we look at http://en.wikipedia.org/wiki/Copyright_law_of_the_United_Kingdom#Works_eligible_for_protection, we see:


UK copyright law has a set of exceptions to copyright known as fair dealing. Database right has a similar set of exceptions. Fair dealing is much more restricted than the American concept of fair use. It only applies in tightly defined situations, and outside those situations it is no defence at all against a lawsuit for copyright (or database right) infringement.
s29.—(1) Fair dealing with a literary, dramatic, musical, etc, work, for the purpose of research for a non-commercial purpose, does not infringe any copyright in the work, provided it is accompanied by a sufficient acknowledgement of the source.
s30.—(1) Fair dealing with a work for the purpose of criticism or review, of that or another work, or of a performance of a work, does not infringe copyright in the work, provided it is accompanied by a sufficient acknowledgement, and provided the work has actually been made available to the public.




My use was strictly limited to non-commercial research on the actual function of knitting sheaths, and the source / author fully acknowledged. Thus, I am compliant with UK copyright law. Brears' material was never published in the US and there is no reservation of US copyright.  Thus, I am compliant with US copyright law.  See also http://www.copyright.gov/fls/fl102.html