What is IP and whose interests does copyright protect Re: [LINK] web site choices.

[Roger Clarke]

At 16:08 +1000 7/9/06, Marghanita da Cruz wrote:
>Derivative seems to have quite a broad defintion... - converting PDF to
>HTML, presumeably also ASCII text to HTML, Browser Rendered text to a
>podcast, quotation and now paraphrasing.
>
>But technically, to view a webpage don't visitors to a website, take a
>copy and in effect make a derivative in their browser?

I don't intend 'derivative' to include a merely 'format-converted' 
version.  (By 'translated' I meant 'translated into another natural 
language').

The AEShareNet FfE licence is quite specific about this:
http://www.aesharenet.com.au/coreBusiness/whatWeDo/pdf/179glossaryexplanation.pdf

Derivative  means any of the following, Developed from the original 
Licensed Material:
- an Edited Version
- Enhancements
- Supplementary Work
- a Compilation.
See separate definitions of these terms.  Note that if a Copy of the 
Licensed Material in one  format is used by some automated process to 
create a Copy in another format, this does not  necessarily amount to 
a Derivative.  A Derivative usually entails alteration involving 
human  selection and judgment.


>Also, is there a separation of the text on the page from the rendition
>of the text...effectively the HTML incorporating the text is a
>derivative of the text provided to a web publisher for a particular
>purpose. On some of the webpages on the Ramin Communications site, I
>make a distinction of copyright between the content and the webpages.

My understanding is that you can licence uses of content without 
licensing uses of a particular format.

For example, some journals that demand assignment of copyright from 
authors provide the author with a licence to publish on their own 
site, but preclude the author from publishing the format used by the 
journal (because they think that the format in which they publish is 
some kind of value-add, and/or they want the appearance of their 
papers to help them build and sustain their brand-name).

But, as ever, IANAL, and I defer to link-denizens who know more about 
the legals of all this.

-- 
Roger Clarke                  http://www.anu.edu.au/people/Roger.Clarke/
			            
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Visiting Professor in Info Science & Eng  Australian National University
Visiting Professor in the eCommerce Program      University of Hong Kong
Visiting Professor in the Cyberspace Law & Policy Centre      Uni of NSW