Copyright copying

The material in this work is copyrighted. Copying and/or transmitting portions or all of this work without permission may be a violation of applicable law. The World Bank encourages dissemination of its work and will normally grant permission promptly. 

All of ICON Group Ltd. publications are copyrighted. Copying our publications in whole or in part, for whatever reason, is a violation of copyrights laws and can lead to penalties and fines. 

To fall within the fair dealing provisions and thus not to infringe copyright, copying must be for one of the following purposes ... 

There is considerable scholarly speculation on ancient precursors of copyright. However, no significant copyright protection existed in theory or practice until the development of the printing press, a means of mass dupHcation of creative work. The law did not need a coherent protective stmcture for written and graphic works when the only means of copying them, by hand, was so labor-intensive as to requite an investment potentially far in excess of the worth of the copy. 

Ownership of the copyright in a work is distinct from ownership of the material object, ie, the copy or phonorecord, in which the copyrighted work is embodied. The transfer of one does not constitute transfer of the other. Eor example, if a painter sells his or her painting, ie, the material object, such as canvas and oils, the painter does not automatically transfer the copyright in it sale of that copyright, so as to allow reproduction of the oil painting in printed posters, does not transfer the material object. 

Copyright Notice. In the past, the law contained an absolute requirement that each copy of a pubHshed work bear a proper copyright notice. Failure to comply with the technicalities of the law s notice provisions resulted in the unintentional loss of protection for many works. 

An amendment to the law aboHshed the notice requirement for all works pubHshed on or after March 1, 1989. For such works, no copyright notice is required. Notice, however, is stiH required on all copies of works first pubHshed before that date. In addition, notice is stiU widely used even when it is not required so as to inform the world of the copyright status of the work. Notice consists of the symbol (the letter i in a circle), the word Copyright, or the abbreviation Copr the name of the copyright owner and the year of first pubHcation. 

Copyright Deposit. The law requires that copies of every pubHshed work be submitted to the United States Copyright Office, which is a branch of the Library of Congress. The purpose of this requirement is to stock the shelves of the Hbrary. This requirement is usually satisfied as part of the registration process failure to make deposit may ultimately lead to a fine, but will not affect the existence of the copyright. 

Copyright registration is easily accompHshed. The copyright claimant completes a relatively simple form, returns it to the Copyright Office with a nominal fee, and deposits copies of the work. Special provisions allow for nondisclosure of trade secrets or full computer programs and the like in the deposit. 

The Right of Public Distribution. The exclusive right to reproduce the copyrighted work also entails pubHc distribution of copies, by sale or other transfer of ownership. This right, too, is the copyright owner s. 

The Test for Infringement. It is rare that actual evidence of copying exists. Proof of copying is usually circumstantial and is shown by a two-part test. First, the alleged infringer must be shown to have had access to the copyrighted work. Second, the two works must appear to their hypothetical intended audience to be substantially similar. The two parts of the test may be seen to be in balance while both must be present, the greater the evidence of substantial similarity, the less evidence of access is necessary, and vice versa. 

Limits copying or distribution by copyright or copy protection ... 

For photocopying of material in this volume, please pay a copying fee through the Copyright Clearance Center, Inc., 222 Rosewood Drive, Danvers, MA 01923, USA. In this case permission to photocopy is not required from the publisher. 

Unless otherwise indicated, all materials in this PDF File are copyrighted by the National Academy of Sciences. Distribution, posting, or copying is strictly prohibited without written permission of the National Academies Press. Request reprint permission for this book. 

---