Copyright usage topic.

[Pat Costello <Patrick Costello Sun COM>]

Attached is the response from a senior member of the Sun legal team regarding 
the use of the word "Copyright" and the copyright symbol together. Turns out 
that the safest format to use for worldwide use is the format we are 
currently using in GNOME documentation, i.e. both items together. Thanks to 
Malcolm for pointing out the delta between the UCC and the Berne Convention. 

So, we don't need to take any action beyond capturing the attached information 
in GNOME project documentation. I'll include a piece in the GNOME Documentation 
Style Guide, accordingly. 

Pat

**** 

Hi Pat, 

Good question!  The Sun style guide needs modification, as it is correct to use 
the form

Copyright <copyright symbol> [copyright date] [copyright owner]

though not required in the US and in many other countries.


There are no formal copyright notice requirements in the Berne Convention.  The 
Universal Copyright Convention (UCC) states that any formality in a national 
law 
may be satisfied by placing a copyright notice consisting of

<copyright symbol> [copyright date] [copyright owner]

where <copyright symbol> is the "C in a circle" symbol.  The notice should be 
place in a manner and location to give reasonable notice to the claim of 
copyright.  The use of a copyright notice is optional in the US, but using the 
copyright notice does provide certain legal benefits, such as damages for 
"innocent infringement".

Regardless, it is a correct form to use the notice

Copyright <copyright symbol> [copyright date] [copyright owner]

This notice may be redundant in jurisdictions that are members of the Berne 
Convention and the UCC.  If space is not a constraint, this is the notice that 
provides the most coverage worldwide.  The "C in a circle" symbol will cover 
UCC 
signatories, as well as Berne signatories.  The use of the word "Copyright" 
spelled out is also helpful in the case where the "C in a circle" character 
cannot be displayed.  This is particularly helpful when the work on which the 
notice is affixed is in electronic form.

Hope this helps!

Best regards,
Elaine

Elaine K. Lee
Senior Counsel, IP Law-Java
Sun Microsystems, Inc.
4150 Network Circle, USCA12-101
Santa Clara, CA  94054

Phone 408.404.8994 / x40994
Fax 408.276.7146


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