Click on a word at left to make a rule.

Dailey on copyright:
A collection of random postings to cni-copyright during the years 1994-. Humor and dread.


License to derive -- derivative artwork and implied license: from cookie cutters, to coloring books, clothes, and tattoos.

Photographing the environment -- should cameras be confiscated by the government before they infringe on the image of something crafted by humans?

Reverse engineering a color -- if parameters in software should be protectable, why not colors?

Copyrightability of behavioral byproducts -- grocery shopping, credit history, footprints, etc.

"In perpetuity and throughout the universe" -- interpretation by Klingon courts. Follow thread of discussion on cni-copyright.

"I hereby grant to you ..., exclusively, all my rights of every kind and nature whatsoever, whether now known or hereafter developed, ...without limitation throughout the universe and in perpetuity..."
-- from a contract presented to a friend by a movie studio.

No cameras please; my necktie is copyrighted -- the skate-board of privacy grabs on to the copyright bus.

Copyright entrapment -- toys that make infringement fun.

Copyright myths -- things like "without Intellectual Property there would be no Intellectual Behavior"

Re-use of game elements -- shaking salt from a copyrighted shaker

Samuel Johnson, Noah Webster and Sonny Bono -- What did all three of these contributors to the American vernacular landscape have in common? Opinions about copyright law. See how linguistic methods for interpreting the U.S. Constitution may help the Supreme Court in its upcoming hearing of Eldred v Ashcroft.

Reconstructing James Joyce -- Back in the 1980's I used to spend time over Mexican food in Poughkeepsie arguing with a friend about copyright law. I found the legal system rather perplexing so I formulated this hypothetical. I presented it often over the years whenever I would find myself in the company of legal folks, just to see what their reactions might be. I recall that one prominent legal supporter of the software industry argued that the legal system was well-prepared to adjust to changes in technology. 

This sentence is uncopyrightable -- If α is a copyrighted string then any string, β, of which α is a substring, is also copyrighted. Does there exist an uncopyrighted (uncopyrightable?) string Q for which all legal strings that contain it are uncopyrightable? (...sort of like GNU licenses only different since those use copyright inheritance.)

Houseplants as intellectual property? -- If I engineer a weed and then patent it, trademark its name and copyright its DNA, can I then collect fees from all in whose yard it grows? Apparently according to U.S. Code (Chapter 57 of Title 7) I can.

Let's make some more incomprehensible laws:

Database legislation I -- The U.S. Congress periodically extends copyright protection into new arenas. Various suggested revisions of the law would attempt to protect facts: U.S. laws, baseball scores, familiar quotations, tv schedules and the like from unregulated distribution: sort of like creating a tariff on free speech. Every year a new bill is introduced; eventually one will pass; few will notice, and fewer will mourn.

Database legislation II How to glue facts together so they are no longer facts.

Database legislation III Since the Supreme Court won't let us copyright facts, how about we make a new category of intellectual property to protect facts? Okay... and let's make a new federal agency to oversee these "fact-products." The Food Drug and Fact Administration.

Zoning and variances for ideas -- making IP more like Real Property

Hollywood hackers -- hack unto others as you would have others ...

COICA -- huff and puff and blow that house down!

Farewell Internet Bill (aka SOPA) -- back to farming and mining for the US Economy


The above material has been developed (during the period 1994-) for use in teaching and research by David Dailey. My intention is that the material may be used by others involved in educational pursuits under common-sense principles of fair use, attribution, and partnership; nevertheless, use of the material may be further restricted by various statutes contained in U.S. code, by international treaties, and by the precedents established by case law, not all of which are guaranteed to conform to common sense. If your common sense diverges from my own, or if either diverges from the laws of the universe, I suggest you ask for permission before re-using the material, especially if there might be money in it for me. I might also note that the Coalition for Networked Information which established and maintains the listserv through which these were initially distributed  may claim a compilation copyright in the aggregate work from which this may be viewed as an excerpt (of the 307 articles containing the string "Dailey" on that site as of May, 1, 1999). The above graphic ("golden.gif") has been printed (with my permission, but without transfer of copyright) in a textbook on Internet law. Alas,  I don't have the reference handy. [dpd - May, 1999]

[Disclaimer -- these works were not done as a part of contractual obligations for any employer. 
They do not necessarily represent the opinions of employers past or present. For further disclaimers see here.]


Others on copyright? (New) -- A few links worth looking at.

Thoughts on Copyrighting Food by  Robert A. Baron -- form and function, cake, proof, pudding, Dada. 

History of Copyright by Dale Mead -- how rules licensing printers in England in the 1500's evolved into modern copyright law.

Eliminating Plagiarism by Joseph Riolo -- lobbying Congress to eliminate blights and pustules.


Other?

to Dailey's home page

to Intellectual property and the Internet (for Computer & Information Security/Privacy Workshop - Spring 2009)

to overview of copyright

to Grazing rights in the public domain

to Policies, Rules, Laws, Principles, Aphorisms, and the like