From Bernie Hutchins -> Schematics - Again

J.D. McEachin jdm at synthcom.com
Wed Aug 28 13:53:31 CEST 1996


On Wed, 28 Aug 1996, Erik The ViKing wrote:

> Rick wrote:
> > Actually, a copyright notice has no legal status. In fact,
> > copyright notices are not necessary, as anything you create
> > is "copyrighted" implicitly. Something you create is yours
> > unless you did it for an employer or have sold it. Mr. Hutchins
> > does not need to label his circuits with a copyright, they're his.
> > Copyright notices could be regarded as an extra warning, that the
> > originator really does want you to honour his/her copyright and
> > not do with "it" as pleases you.
> >
> 
> Isn't this only the question in the Netherlands??? In the Netherlands
> everything what you make design whatever *IS* copyrighted. You'll only have
> to prove it's so!!! Don't know about other countries though....

Copyright law has changed considerably over the years.  Today's copyright 
laws DON'T apply to ElectroNotes, which were published in the mid-70's - 
early 80's.  I believe at that time an explicit copyright notice was 
required on the material in question, as well as a filing with the 
copyright office.  ElectroNotes has no copyright notice, therefore no 
copyright protection.

Today's copyright laws, which are applicable to all signatory countries to
the Berne (or is it Geneva?) treaties, including the US & the Netherlands,
are much, MUCH more liberal.  Basically, your work is protected from the
moment of creation, as Rick said.  Copyright marks and filings just give
you wider protection (some countries didn't go for the new laws) and
easier enforcement.  Of course, nothing's going to help you in China. 

Note that changes in the law are not retroactive, therefore ElectrNotes 
are covered by the older law.  Hence, no protection.

FWIW, Roland didn't bother to place a copyright notice on many of their 
early 80's EPROMs - you may copy with impunity.  This is what initially 
made Europa possible, though as it turned out, we wound up throwing away 
the Roland code because it was so bad.

Though I acknowledge Bernie Hutchins' contributions to the field of
electronic music, I'm all for people passing around ElectroNotes copies. 
He's done a very poor job of making copies available for too long.  I've
heard of four people who've tried to buy copies in the last 5 years,
including one who sent money & never received ElectroNotes.  I've heard of
no one being successful in obtaining a copy from him.  Please, don't feel 
guilty about sharing what appears to be public domain information - keep 
those ElectroNotes flowing.


JDM





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