Databases Reference
In-Depth Information
The U.S. follows the common law system, as do many other English-speaking
countries in the world, including the United Kingdom, Canada, and Australia. Cur-
rent law in this system consists of regulations that have been issued by the Executive
branch, statutes that have been passed by the Legislative branch, and decisions by
the Judicial branch. Statutes tend to be written in terms of general principles, which
are then interpreted by judges when a case appears before the courts. Decisions
made by judges set a precedent, which then becomes part of the common law. One
can see how things can quickly become complicated in such a system.
A central tenet in U.S. intellectual property law is that ideas cannot be protected,
but expressions of ideas can be protected [
17
,
20
]. An example of an idea would
be a story about a boy befriending an alien from another planet. An expression
of that idea would be the script for “E.T.: The Extra-Terrestrial” or even the film
“E.T.: The Extra-Terrestrial.” Mathematical equations, scientific laws, and facts are
also not protectable. Intellectual property is generally protected by one or more of
copyright, patent, trade secret and contract law.
16.3 Thought Experiment: Copy and Paste Programming
Copyright is the best-known intellectual property law, due in part to the ubiquity
of the c
symbol. Since 1790, there have been a succession of ten copyright laws,
each one expanding both the kinds of works that can be protected and the duration
of the protection. The current copyright act was passed in 1976 (17 U.S.C. 101-
810 (1976)). Original works of authorship are protected when they are created and
include musical, literary, dramatic, artistic, architectural, and technological works.
Copyright law does not apply to laws of nature, facts, or mathematical formulas.
Any subsequent use or creation of derivative works requires permission from the
author.
A pessimistic, conservative reading of copyright law suggests than any copying
would not be allowed. In practice, there are certain kinds of derivative works that
are permitted and some arguments that can be used as a defence. Understanding
the current state of matters requires at least a cursory analysis of the history and
scope of copyright law in the United States. Copyright statutes passed by Congress
are an attempt “[t]o promote the Progress of Science and useful Arts, by securing
for limited Times to Authors and Inventors the exclusive Right to their respective
Writings and Discoveries” [
1
]. Copyright law grants authors what is effectively a
limited monopoly over the commercial use of his or her work for an enumerated
period of time. The reasoning behind the grant of monopoly and the time limit on
that grant is to balance the commercial interest of the author and the public's interest
in the work.
Since copyright is primarily concerned limiting copying and the creation of
derivative works, it is reasonable to ask whether copy-paste programming infringes
on the copyright owner's rights. Consider the following scenario.
Search WWH ::
Custom Search