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by todd8
972 days ago
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One of the interesting things that I discovered while working on some legal papers with a lawyer were that legal documents don't have copyright protection. Lawyers regularly copy and paste from other lawyers work. I suppose, that since legislators most often have backgrounds as lawyers, they legislated rules for themselves that are not the same as the rule the rest of us have to follow. I am not a lawyer so I don't know that anything in the previous paragraph is true; it's just based on a recollection of something I was told once a long time ago. |
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1. That's an overstatement: For "original works of authorship," copyright happens automatically upon "fixation" in a "tangible medium of expression" (e.g., saving to a file, maybe even just typing). [0] And it doesn't take much "original ... authorship" to qualify for copyright protection.
2. Here's A hypothetical example: Alice drafts a contract from scratch as Version 1 and saves it to a file. It's copyrighted; on these facts, Alice owns the copyright. [0] Then Bob takes Alice's Version 1 and modifies it to create Version 1.1: Bob's "original" contributions to Version 1.1 are themselves protected by copyright, which Bob owns, bu with two caveats:
(a) Bob has no claim to copyright in Alice's Version 1; and
(b) Bob's own contributions to Version 1.1 won't be protected unless one or both of the following is true: (1) Bob had Alice's permission to base his "derivative work" on Alice's Version 1; [1] and/or (2) Bob's use of Version 1 qualified as "fair use" (a complicated question in itself). [2]
NOTES:
[0] https://www.law.cornell.edu/uscode/text/17/101; see also, e.g., https://www.adamsdrafting.com/the-contract-drafter-as-copyri...
[1] https://www.law.cornell.edu/uscode/text/17/103
[2] https://www.law.cornell.edu/uscode/text/17/107