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8 88 8 Basic Photography in 180 Days Book XVII License and the Law Editor: Ramon F. aeroramon.com Contents
1 Day 1 1 1.1 Photography and the law ...... 1 1.1.1 United Kingdom ...... 2 1.1.2 United States ...... 6 1.1.3 Hong Kong ...... 8 1.1.4 Hungary ...... 8 1.1.5 Macau ...... 8 1.1.6 South Africa ...... 8 1.1.7 Sudan and South Sudan ...... 9 1.1.8 India ...... 10 1.1.9 Iceland ...... 10 1.1.10 Spain ...... 10 1.1.11 Mexico ...... 10 1.1.12 See also ...... 10 1.1.13 Notes ...... 10 1.1.14 References ...... 10 1.1.15 External links ...... 12
2 Day 2 13 2.1 Observation ...... 13 2.1.1 Observation in science ...... 14 2.1.2 Observational paradoxes ...... 14 2.1.3 Biases ...... 15 2.1.4 Observations in philosophy ...... 16 2.1.5 See also ...... 16 2.1.6 References ...... 16 2.2 Reality ...... 17 2.2.1 Related concepts ...... 17 2.2.2 Western philosophy ...... 18 2.2.3 Jain philosophy ...... 21 2.2.4 Physical sciences ...... 22 2.2.5 Technology ...... 24 2.2.6 See also ...... 25
i ii CONTENTS
2.2.7 References ...... 25 2.2.8 Bibliography ...... 26 2.2.9 External links ...... 26 2.3 Illusion ...... 26 2.3.1 Optical ...... 26 2.3.2 Auditory ...... 27 2.3.3 Tactile ...... 28 2.3.4 Temporal ...... 28 2.3.5 Other senses ...... 28 2.3.6 Disorders ...... 29 2.3.7 Neuroscience ...... 29 2.3.8 See also ...... 29 2.3.9 References ...... 29 2.3.10 External links ...... 30 2.4 Optical illusion ...... 30 2.4.1 Pathological visual illusions ...... 31 2.4.2 Cognitive illusions ...... 32 2.4.3 Explanation of cognitive illusions ...... 33 2.4.4 Illusions ...... 37 2.4.5 In art ...... 38 2.4.6 Cognitive processes hypothesis ...... 38 2.4.7 Gallery ...... 38 2.4.8 See also ...... 40 2.4.9 Notes ...... 41 2.4.10 Further reading ...... 42 2.4.11 References ...... 42 2.4.12 External links ...... 43
3 Day 3 44 3.1 Moral rights ...... 44 3.1.1 Berne Convention ...... 44 3.1.2 Worldwide situation ...... 44 3.1.3 See also ...... 47 3.1.4 References ...... 47 3.1.5 Further reading ...... 48
4 Day 4 49 4.1 Personality rights ...... 49 4.1.1 Classification ...... 49 4.1.2 Civil law and common law jurisdictions ...... 49 4.1.3 Country specific jurisdictions ...... 50 4.1.4 See also ...... 57 CONTENTS iii
4.1.5 Notes ...... 57 4.1.6 References ...... 57 4.1.7 Works cited ...... 59 4.1.8 Further reading ...... 59 4.1.9 External links ...... 60
5 Day 5 61 5.1 Copyright ...... 61 5.1.1 History ...... 61 5.1.2 Obtaining protection ...... 63 5.1.3 Enforcement ...... 64 5.1.4 Rights granted ...... 65 5.1.5 Limitations and exceptions ...... 66 5.1.6 Transfer, assignment and licensing ...... 68 5.1.7 Criticism ...... 69 5.1.8 Public domain ...... 70 5.1.9 See also ...... 70 5.1.10 References ...... 71 5.1.11 Further reading ...... 73 5.1.12 External links ...... 73 5.2 List of countries’ copyright lengths ...... 80 5.2.1 Legend ...... 81 5.2.2 Table ...... 81 5.2.3 See also ...... 81 5.2.4 Notes ...... 81 5.2.5 References ...... 82 5.2.6 External links ...... 89
6 Day 6 90 6.1 Public copyright license ...... 90 6.1.1 Types of copyright license ...... 90 6.1.2 Varieties of public copyright license ...... 91 6.1.3 See also ...... 91 6.1.4 References ...... 91 6.2 Public domain ...... 92 6.2.1 History ...... 92 6.2.2 Definition ...... 92 6.2.3 Public domain by medium ...... 93 6.2.4 Value ...... 96 6.2.5 Relationship with derivative works ...... 96 6.2.6 Perpetual copyright ...... 96 6.2.7 Public domain mark ...... 96 iv CONTENTS
6.2.8 Application to copyrightable works ...... 97 6.2.9 Patents ...... 98 6.2.10 Trademarks ...... 98 6.2.11 Public Domain Day ...... 98 6.2.12 See also ...... 99 6.2.13 References ...... 99 6.2.14 External links ...... 102
7 Day 7 106 7.1 Digital watermarking ...... 106 7.1.1 History ...... 107 7.1.2 Applications ...... 108 7.1.3 Digital watermarking life-cycle phases ...... 108 7.1.4 Classification ...... 108 7.1.5 Evaluation and benchmarking ...... 110 7.1.6 Cameras ...... 110 7.1.7 Reversible data hiding ...... 110 7.1.8 Watermarking for relational databases ...... 110 7.1.9 See also ...... 110 7.1.10 References ...... 111 7.1.11 Further reading ...... 111 7.1.12 External links ...... 111 7.2 Copy protection ...... 112 7.2.1 Terminology ...... 112 7.2.2 Business rationale ...... 112 7.2.3 Technical challenges ...... 113 7.2.4 Methods ...... 113 7.2.5 Notable payloads ...... 119 7.2.6 Anti-piracy ...... 122 7.2.7 Anti-piracy in file sharing ...... 122 7.2.8 Examples ...... 122 7.2.9 See also ...... 123 7.2.10 References ...... 124 7.2.11 External links ...... 125
8 Day 8 126 8.1 License ...... 126 8.1.1 Mass licensing of software ...... 126 8.1.2 Patent license ...... 127 8.1.3 Trademark and brand licensing ...... 127 8.1.4 Artwork and character licensing ...... 127 8.1.5 Academia ...... 127 CONTENTS v
8.1.6 Vehicle licensing ...... 127 8.1.7 See also ...... 127 8.1.8 References ...... 128 8.1.9 External links ...... 128
9 Day 9 129 9.1 Contract ...... 129 9.1.1 Formation ...... 129 9.1.2 Capacity ...... 132 9.1.3 Formalities and writing requirements for some contracts ...... 132 9.1.4 Contract terms: construction and interpretation ...... 133 9.1.5 Third parties ...... 135 9.1.6 Performance ...... 135 9.1.7 Defenses ...... 135 9.1.8 Disputes ...... 138 9.1.9 History ...... 140 9.1.10 Commercial use ...... 141 9.1.11 Contract theory ...... 142 9.1.12 Gallery ...... 142 9.1.13 See also ...... 143 9.1.14 Notes ...... 145 9.1.15 References ...... 148 9.1.16 External links ...... 148
10 Day 10 149 10.1 Creative Commons license ...... 149 10.1.1 Applicable works ...... 149 10.1.2 Types of licenses ...... 150 10.1.3 Version 4.0 and international use ...... 153 10.1.4 Rights ...... 153 10.1.5 Legal aspects ...... 154 10.1.6 Works with a Creative Commons license ...... 156 10.1.7 Retired licenses ...... 156 10.1.8 See also ...... 156 10.1.9 References ...... 156 10.1.10 External links ...... 159
11 Text and image sources, contributors, and licenses 166 11.1 Text ...... 166 11.2 Images ...... 175 11.3 Content license ...... 188 Chapter 1
Day 1
1.1 Photography and the law
A"No Photography" sign, commonly placed in properties where taking photographs is illegal or objected to by the owner (though in some jurisdictions, this is not a legal requirement)
1 2 CHAPTER 1. DAY 1
The intellectual property rights on photographs are protected in different jurisdictions by the laws governing copyright and moral rights. In some cases photography may be restricted by civil or criminal law. Publishing certain photographs can be restricted by privacy or other laws. Photography of certain subject matter can be generally restricted in the interests of public morality and the protection of children. Reactions to photography differ between societies, and even where there are no official restrictions there may be objections to photographing people or places. Reactions may range from complaints to violence for photography which is not illegal.
1.1.1 United Kingdom
Legal restrictions on photography
Mass photo gathering in UK.
In the United Kingdom there are no laws forbidding photography of private property from a public place.[1] Photog- raphy on private land is not restricted if the landowner has given permission. However, landowners are permitted to impose any conditions they wish upon entry to a property, including forbidding or restricting photography. Two public locations in the UK, Trafalgar Square and Parliament Square, have a specific provision against photography for commercial purposes without the written permission of the Mayor,[2] or the Squares’ Management Team and paying a fee,[3] and permission is needed to photograph or film for commercial purposes in the Royal Parks.[4] 1.1. PHOTOGRAPHY AND THE LAW 3
Mass photo gathering in UK.
Persistent or aggressive photography of a single individual may come under the legal definition of harassment.[5] It is contempt of court, a criminal offence, to take a photograph in any court of law of any person, being a judge of the court or a juror or a witness in or a party to any proceedings before the court, whether civil or criminal, or to publish such a photograph. This includes photographs taken in a court building or the precincts of the court.[6] Taking a photograph in a court can be seen as a serious offence, leading to a prison sentence.[7][8] The prohibition on taking photographs in the precincts is vague. It was designed to prevent the undermining of the dignity of the court, through the exploitation of images in low brow “picture papers”.[9] Photography of certain subject matter is restricted in the United Kingdom. In particular, the Protection of Children Act 1978 restricts making or possessing pornography of children under 18, or what looks like pornography of under- 18s. There is no law prohibiting photographing children in public spaces. It is an offence under the Counter-Terrorism Act 2008 to publish or communicate a photograph of a constable (not including PCSOs), a member of the armed forces, or a member of the security services, which is of a kind likely to be useful to a person committing or preparing an act of terrorism. There is a defence of acting with a reasonable excuse; however, the burden of proof is on the defence, under section 58A of the Terrorism Act 2000. A PCSO in 2009 cited Section 44 of the Terrorism Act 2000 to prevent a member of the public photographing him. Section 44 actually concerns stop and search powers.[10] However, in January 2010 the stop-and-search powers granted under Section 44 were ruled illegal by the European Court of Human Rights. 4 CHAPTER 1. DAY 1
Following a prolonged campaign, including a series of demonstrations by photographers dealt with by police officers and PCSOs, the Metropolitan Police was forced to issue updated legal advice which confirms that “Members of the public and the media do not need a permit to film or photograph in public places and police have no power to stop them filming or photographing incidents or police personnel” and that “The power to stop and search someone under Section 44 of the Terrorism Act 2000 no longer exists.”[11] It is an offence under section 58 of the Terrorism Act 2000 to take a photograph of a kind likely to be useful to a person committing or preparing an act of terrorism, or possessing such a photograph. There is an identical defence of reasonable excuse. This offence (and possibly, but not necessarily the s. 58(a) offence) covers only a photograph as described in s. 2(3)(b) of the Terrorism Act 2006. As such, it must be of a kind likely to provide practical assistance to a person committing or preparing an act of terrorism. Whether the photograph in question is such is a matter for a jury, which is not required to look at the surrounding circumstances. The photograph must contain information of such a nature as to raise a reasonable suspicion that it was intended to be used to assist in the preparation or commission of an act of terrorism. It must call for an explanation. A photograph which is innocuous on its face will not fall foul of the provision if the prosecution adduces evidence that it was intended to be used for the purpose of committing or preparing a terrorist act. The defence may prove a reasonable excuse simply by showing that the photograph is possessed for a purpose other than to assist in the commission or preparation of an act of terrorism, even if the purpose of possession is otherwise unlawful.[12]
Copyright
Copyright can subsist in an original photograph, i.e. a recording of light or other radiation on any medium on which an image is produced or from which an image by any means be produced, and which is not part of a film.[13] Whilst photographs are classified as artistic works, the subsistence of copyright does not depend on artistic merit.[13] The owner of the copyright in the photograph is the photographer – the person who creates it,[14] by default.[15] However, where a photograph is taken by an employee in the course of employment, the first owner of the copyright is the employer, unless there is an agreement to the contrary.[16] Copyright which subsists in a photograph protects not merely the photographer from direct copying of his/her work, but also from indirect copying to reproduce his/her work, where a substantial part of his/her work has been copied. Copyright in a photograph lasts for 70 years from the end of the year in which the photographer dies.[17] A conse- quence of this lengthy period of existence of the copyright is that many family photographs which have no market value, but significant emotional value, remain subject to copyright, even when the original photographer cannot be traced (a problem known as copyright orphan), has given up photography, or died. In the absence of a licence, it will be an infringement of copyright in the photographs to copy them.[18] When someone dies the rights will have trans- ferred to someone else, perhaps through testamentary deposition (a will) or by inheritance. If there was no will, or if the photographer has not specified where the rights in the material should go, then the normal rules of inheritance will apply (although these rules are not specific to copyright and legal advice should be sought).[19] Scanning old family photographs, without permission, to a digital file for personal use is prima facie an infringement of copyright. Certain photographs may not be protected by copyright. Section 171(3) of the Copyright, Designs and Patents Act 1988 gives courts jurisdiction to refrain from enforcing the copyright which subsists in works on the grounds of public interest. For example, patent diagrams are held to be in the public domain, and are thus not subject to copyright.
Infringement Infringement of the copyright which subsists in a photograph can be performed through copying the photograph. This is because the owner of the copyright in the photograph has the exclusive right to copy the photograph.[20] For there to be infringement of the copyright in a photograph, there must be copying of a substantial part of the photograph.[21] A photograph can also be a mechanism of infringement of the copyright which subsists in another work. For example, a photograph which copies a substantial part of an artistic work, such as a sculpture, painting or another photograph (without permission) would infringe the copyright which subsists in those works. However, the subject matter of a photograph is not necessarily subject to an independent copyright. For example, in the Creation Records case,[22][23] a photographer, attempting to create a photograph for an album cover, set up an elaborate and artificial scene. A photographer from a newspaper covertly photographed the scene and published it in the newspaper. The court held that the newspaper photographer did not infringe the official photographer’s copyright. Copyright did not subsist in the scene itself – it was too temporary to be a collage, and could not be categorised as any other form of artistic work. The protection of photographs in this manner has been criticised on two grounds.[24] Firstly, it is argued that pho- 1.1. PHOTOGRAPHY AND THE LAW 5
“No photographs” sticker. Designed for persons at conferences who do not want any digital likeness of them taken, including video, photography, audio, etc. tographs should not be protected as artistic works, but should instead be protected in a manner similar to that of sound recordings and films. In other words, copyright should not protect the subject matter of a photograph as a matter of course as a consequence of a photograph being taken.[n 1] It is argued that protection of photographs as artistic works is anomalous, in that photography is ultimately a medium of reproduction, rather than creation. As such, it is more similar to a film, or sound recording than a painting or sculpture. Some photographers share this view. For example, Michael Reichmann described photography as an art of disclosure, as opposed to an art of inclusion.[25] Secondly, it is argued that the protection of photographs as artistic works leads to bizarre results.[24] Subject matter 6 CHAPTER 1. DAY 1 is protected irrespective of the artistic merit of a photograph. The subject matter of a photograph is protected even when it is not deserving of protection. For copyright to subsist in photographs as artistic works, the photographs must be original, since the English test for originality is based on skill, labour and judgment.[24] That said, it is possible that the threshold of originality is very low. Essentially, by this, Arnold is arguing that whilst the subject matter of some photographs may deserve protection, it is inappropriate for the law to presume that the subject matter of all photographs is deserving of protection. It is possible to say with a high degree of confidence that photographs of three-dimensional objects, including artistic works, will be treated by a court as themselves original artistic works, and as such, will be subject to copyright.[26] It is likely that a photograph (including a scan – digital scanning counts as photography for the purposes of the Copyright Designs and Patents Act 1988) of a two dimensional artistic work, such as another photograph or a painting will also be subject to copyright if a significant amount of skill, labour and judgment went into its creation.[27]
Photography and privacy
A right to privacy came into existence in UK law as a consequence of the incorporation of the European Convention on Human Rights into domestic law through the Human Rights Act 1998. This can result in restrictions on the publication of photography.[28][29][30][31][32] Whether this right is caused by horizontal effect of the Human Rights Act 1998 or is judicially created is a matter of some controversy.[33] The right to privacy is protected by Article 8 of the convention. In the context of photography, it stands at odds to the Article 10 right of freedom of expression. As such, courts will consider the public interest in balancing the rights through the legal test of proportionality.[30] A very limited statutory right to privacy exists in the Copyright, Designs and Patents Act 1988. This right is held, for example, by someone who hires a photographer to photograph their wedding. The commissioner,[34] irrespective of any copyright which he does or does not hold in the photograph,[34] of a photograph which was commissioned for private and domestic purposes, where copyright subsists in the photograph, has the right not to have copies of the work issued to the public,[35] the work exhibited in public[36] or the work communicated to the public.[37] However, this right will not be infringed if the rightholder gives permission. It will not be infringed if the photograph is incidentally included in an artistic work, film, or broadcast.[38]
1.1.2 United States
Local, state, and national laws govern still and motion photography. Laws vary between jurisdictions, and what is not illegal in one place may be illegal in another. Typical laws in the United States are as follows:
Public property
• It is legal to photograph or videotape anything and anyone on any public property.[39] • Photographing or videotaping a tourist attraction, whether publicly or privately owned, is generally considered legal, unless explicitly prohibited by a specific law or statute.
Private property
• Photography may be prohibited or restricted by a property owner on their property.[39] However, a property owner generally cannot restrict the photographing of the property by individuals who are not within the bounds of the property.[39] • Photography on private property that is generally open to the public (e.g., a shopping mall) is usually permitted unless explicitly prohibited by posted signs. Even if no such signs are posted, the property owner or agent can ask a person to stop photographing, and if the person refuses to do so, the owner or agent can ask the person to leave; in some jurisdictions, a person who refuses to leave can be arrested for criminal trespass, and many jurisdictions recognize the common-law right to use reasonable force to remove a trespasser; a person who forcibly resists a lawful removal may be liable for battery, assault, or both.[40] • Entry onto private property not normally open to the public usually requires permission from the property owner. 1.1. PHOTOGRAPHY AND THE LAW 7
Some museums do not allow photography. In many cases people use smartphones, making even more damage on artifacts because of using of flash.
• Some jurisdictions have laws regarding filming while in a hospital or health care facility. Where permitted, such filming may be useful in gathering evidence in cases of abuse, neglect, or malpractice.
Privacy issues
Further information: Privacy laws of the United States
• Photographing private property from within the public domain is not illegal, with the exception of an area that is generally regarded as private, such as a bedroom, bathroom, or hotel room.[39] In some states there is no definition of “private,” in which case, there is a general expectation of privacy. Should the subjects not attempt to conceal their private affairs, their actions immediately become public to a photographer using normal photographic equipment. • Many places have laws prohibiting photographing private areas under a person’s clothing without that person’s permission. This also applies to any filming of another within a public restroom or locker room. Some ju- risdictions have banned the use of a telephone with camera functionality within a restroom or locker room in order to prevent this. The United States enacted the Video Voyeurism Prevention Act of 2004 to punish those who intentionally capture an individual’s private areas without consent, when the person knew the subject had an expectation of privacy.[41] State laws have also been passed addressing this issue.[42]
Commercial photography
• In certain locations, such as California State Parks, commercial photography requires a permit and sometimes proof of insurance.[43][44] In places such as the city of Hermosa Beach in California, commercial photogra- phy on both public property and private property is subject to permit regulations and possibly also insurance requirements.[45] • At the Chesapeake and Ohio Canal National Historical Park, commercial photography requires a permit under certain circumstances.[46] For photography that involves the advertising of a commercial product or service, or photography that involves sets or props or models, a permit is required.[46] In addition, if the photography has aspects that may be disruptive to others, such as additional equipment or a significant number of personnel or the use of public areas for more than four hours, it is necessary to obtain a permit.[46] If a photographer or related personnel need to access an area during a time when the area is normally closed, or if access to a restricted area is involved, the photography requires a permit.[46] For commercial portrait photographers, there 8 CHAPTER 1. DAY 1
is a streamlined process for photography permits.[46] In the case of National Park system units, commercial filming and/or audio recording requires a permit and liability insurance.[47] Still photography that uses models or props for the purpose of commercial advertising requires a permit and proof of insurance.[47][48] • If a photograph shows private property in such a manner that a viewer of the photograph can identify the owner of the property, the ASMP (American Society of Media Photographers, Inc.) recommends that a property release should be used if the photograph is to be used for advertising and/or commercial purposes.[49] According to the ASMP, a property release may be a requirement in such a situation.[49]
Other issues
• Photographing accident scenes and law enforcement activities is usually legal.[39] At the same time, one must not hinder the operations of law enforcement, medical, emergency, or security personnel by filming. • Any filming with the intent of doing unlawful harm against a subject may be a violation of the law in itself.
1.1.3 Hong Kong
In some public property owned by government, such as law courts,[50] government buildings, libraries, civic centres [51][52] and some of the museums in Hong Kong, photography is not allowed without permission from the government. It is illegal to equip or take photographs and recording in a place of public entertainment, such as cinemas and indoor theaters.[53] [54] In private property, photography may be prohibited or restricted by a property owner on their property. Photography on private property that is generally open to the public (e.g., a shopping mall) is usually permitted unless explicitly prohibited by posted signs. Even if no such signs are posted, the property owner or agent can ask a person to stop photographing, and if the person refuses to do so, the owner or agent can ask the person to leave; in some jurisdictions, a person who refuses to leave can be arrested for criminal trespass, and many jurisdictions recognize the common-law right to use reasonable force to remove a trespasser; a person who forcibly resists a lawful removal may be liable for battery, assault, or both.
1.1.4 Hungary
In Hungary, from 15 March 2014 when the long-awaited Civil Code was published, the law re-stated what had been normal practice, namely, that a person had the right to refuse being photographed. However, implied consent exists: it is not illegal to photograph a person who does not actively object.[55][56]
1.1.5 Macau
In Macau, a photographer must not take or publish any photographs of a person against his/her will without legal justification, even in a public place. Besides, everyone has a right to Personality Rights. People are not to be pho- tographed, photographs of them displayed or reproduced without their prior consent. Criminal penalties include imprisonment.[57] Additionally, photography of police officers in Macau is illegal.[58]
1.1.6 South Africa
In South Africa photographing people in public is legal. Reproducing and selling photographs of people is legal for editorial and limited fair use commercial purposes. There exists no case law to define what the limits on commercial use are. Civil law requires the consent of any identifiable persons for advertorial and promotional purposes. Property, including animals, do not enjoy any special consideration. During the media coverage of the Nkandla controversy it emerged that there exists a law, the National Key Points Act, 1980, prohibiting the photographing of any “national key points.” National key points are buildings or structures that serve a strategic or military purpose. Though it wasn't revealed what these are as part of state secrecy it was claimed that the presidential residence is one of them and should thus not be shown in media. Subsequent court action resulted in it being ruled that a list of all key points be made public. Although not currently or previously enforced the law is still in effect even after calls for it to be repealed as a relic of apartheid-era secrecy legislation. 1.1. PHOTOGRAPHY AND THE LAW 9
A sign declaring “No Phototaking” inside a Hong Kong public library
1.1.7 Sudan and South Sudan
Travelers who wish to take any photographs must obtain a photography permit from the Ministry of Interior, Depart- ment of Aliens (Sudan)[59] or Ministry of Information (South Sudan).[60] 10 CHAPTER 1. DAY 1
1.1.8 India
Regulations apply to land-based photography for certain locations. A permit is required for aerial photography in India, which normally takes over a month to be issued.[61]
1.1.9 Iceland
Calling oneself a photographer, in line with most other trades in Iceland, requires the person to hold a Journeyman’s or Master’s Certificates in the industry. Exceptions can be made in low population areas, or for people coming from within the EEA.[62]
1.1.10 Spain
Taking pictures of police officers in many circumstances was made illegal by a 2015 “Citizens’ Security Law” with the stated purpose of protecting police officers and their families from harassment, the law have generated controversy because it may be harder to denounce police brutality. A far more limited version of the law had been in effect for several decades regarding when police work related to terrorism. A person was fined under this law for taking and publishing online a photograph of an illegally parked police car.[63]
1.1.11 Mexico
Mexican law is similar to the law in the United States. Authorities may intimidate or prevent any holder of a camera if they come into close perimeters of Government buildings.
1.1.12 See also
• Freedom of panorama • Google Street View privacy concerns • Image copyright (Germany) • Legality of recording by civilians • Ballot selfie • Model release • Public domain
1.1.13 Notes
[1] Illustrated in the Norowzian v Arks case. In this case, it was noted that the copyright in a film would be infringed only though photographic copying of a substantial part, as opposed to mere recreation of the film. It was, however, also held that a film could be protected by copyright both as a film and as a dramatic work, provided, of course, that it fulfilled the requirements of protection of a dramatic work, on the facts. The claimant, was eventually unsuccessful. It was held that whilst the film in question in fact had copyright subsist in it both as a film and as a dramatic work, this copyright was not infringed, because there was no copying of a substantial part.
1.1.14 References
[1] “Photographers Rights And The Law In The UK - the law and photography”. www.urban75.org. Retrieved 2017-01-19.
[2] “Trafalgar Square and Parliament Square Garden (Amendment No: 1) Byelaws 2002” (PDF). Greater London Authority Act 1999, Section 385(1). Greater London Authority. 2002. Retrieved 2009-06-20.
[3] http://www.london.gov.uk/priorities/art-culture/trafalgar-square/managing-trafalgar-square/filming-trafalgar-square/application-process Application process 1.1. PHOTOGRAPHY AND THE LAW 11
[4] “Commercial filming and photography”. The Royal Parks. Retrieved 2016-10-19.
[5] Linda Macpherson LL.B, Dip.L.P., LL.M – The UK Photographers Rights Guide
[6] Criminal Justice Act 1925 (c.86) s.41
[7] Mobile court photo sentence upheld – news.bbc.co.uk
[8] Regina v Vincent D No. 2004/01739/A7 [2004] EWCA Crim 1271
[9] Rubin, G. “Seddon, Dell and rock n' roll: investigating alleged breaches of the ban on publishing photographs taken within courts or their precincts, 1925–1967” Crim. L.R. 874
[10] Cosgrove, Sarah (14 April 2009). “Man questioned under terrorism law after taking picture of police car in park”. Enfield Independent. Retrieved 2009-04-22.
[11] “Photography advice”. Metropolitan Police Service. Retrieved 10 August 2016.
[12] R v K [2008] EWCA Crim 185
[13] Copyright, Designs and Patents Act 1988 s 1(1)(a) and s 4(2)
[14] Copyright, Designs and Patents Act 1988 s 9(1)
[15] Copyright, Designs and Patents Act 1988 s 11(1)
[16] Copyright, Designs and Patents Act 1988 s 11(3)
[17] Copyright, Designs and Patents Act 1988 s 12
[18] Copyright, Designs and Patents Act 1988 s 16(2)
[19] “Locating a copyright owner”. Intellectual Property Office.
[20] Copyright, Designs and Patents Act 1988 s 16(1)
[21] Copyright, Designs and Patents Act 1988 s16(3)
[22] Creation Records Ltd v News Group Newspapers Ltd [1997] EMLR 444 (Ch)
[23] Lambert, Jane (February 2000). “Case Note: Creation Records Ltd. v News Group Newspapers”. IP/IT-Update. NIPC. Retrieved 2009-05-09.
[24] Richard Arnold, “Copyright in Photographs: A Case for Reform” [2005] European Intellectual Property Review 303
[25] Reichmann, Michael. “The Art of Photography”. The Luminous Landscape. Retrieved 2009-05-09.
[26] “Antiquesportfolio.com plc v Rodney Fitch & Co Ltd”. Pinsent Masons. Retrieved 2009-05-09.
[27] See Sawkins v Hyperion Records [2005] EWCA Civ 565 at [79]-[84]
[28] Human Rights Act 1998 sections 2 & 3
[29] Human Rights Act 1998 Schedule 1, Part 1, Article 8
[30] Mosley v News Group Newspapers Ltd [2008] EWHC 1777 (QB)
[31] Campbell v Mirror Group Newspapers Ltd [2004] UKHL 22
[32] Murray v Express Newspapers Plc [2008] EWCA Civ 446
[33] J. Morgan, “Privacy in the House of Lords, Again” (2004), 120 Law Quarterly Review 563, 565
[34] Copyright, Designs and Patents Act 1988 s 2
[35] Copyright, Designs and Patents Act 1988 s 85(1)a
[36] Copyright, Designs and Patents Act 1988 s 85(1)a Paragraph B
[37] Copyright, Designs and Patents Act 1988 s 85(1)a Paragraph C
[38] Copyright, Designs and Patents Act 1988 s 85(2)(a)
[39] Krages II, Bert P. “The Photographer’s Right” (PDF). Retrieved 2009-06-17. 12 CHAPTER 1. DAY 1
[40] Krages, Bert P. (2007). Legal Handbook for Photographers (2nd ed.). Buffalo, NY: Amherst Media. ISBN 978-1-58428- 194-8. Retrieved 2011-06-21.
[41] “S. 1301 [108th]: Video Voyeurism Prevention Act of 2004”. GovTrack.us. Retrieved 2009-02-27.
[42] “Video Voyeurism Laws”. The National Center for Victims of Crime. Retrieved 2009-05-27.
[43] California Code of Regulations, Title 14, Section 4316, Commercial Filming. Retrieved 2010-12-18.
[44] “Definition of Commercial Filming Projects”. State of California. Retrieved 2009-03-03.
[45] “Film Permit Policy and Application -- City of Hermosa Beach, CA.”. City of Hermosa Beach. Retrieved 2009-03-03.
[46] “Chesapeake & Ohio Canal National Historical Park – Commercial Photography Information (U.S. National Park Ser- vice)". National Park Service. Retrieved 2009-05-27.
[47] “NPS Digest- Commercial Filming and Still Photography Permits”. National Park Service. Retrieved 2009-05-27.
[48] Code of Federal Regulations, Title 36, Section 5.5(b), Commercial photography. Retrieved 2010-12-18.
[49] “ASMP: Property and Model Release Tutorial”. American Society of Media Photographers, Inc. Retrieved 2009-03-09.
[50] “Summary Offences Ordinance Prohibition on taking photographs, etc., in court” Government of Hong Kong
[51] “Civic Centres Regulation” Government of Hong Kong
[52] “Civic Centres Regulation Filming” Government of Hong Kong
[53] “Prevention Of Copyright Piracy Ordinance” Government of Hong Kong
[54] Government of Hong Kong
[55] on the new law prohibits to take any photo even on public places without the consent of the persons appearing on the photo.
[56] Nolan, Daniel (14 March 2014). “Hungary law requires photographers to ask permission to take pictures”. London: The Guardian. Retrieved 20 May 2014.
[57] " "
[58] http://hk.apple.nextmedia.com/realtime/news/20151206/54508142
[59] “Information for Travelers: Visiting Sudan” U.S. Department of State.
[60] “Foreign travel advice: South Sudan” Government of the United Kingdom.
[61] “Reel India Pictures”. www.reelindiapictures.com. Retrieved 2009-03-03.
[62] “Information for Tradesmen and Others” Ministry of Industries and Innovation. Accessed 27 September 2016
[63] Julian Robinson (17 August 2015). “Spanish woman who took picture of police car parked in disabled bay is fined nearly £600 under controversial new 'gagging law'". Daily Mail. Retrieved 10 August 2016.
1.1.15 External links
• Bert P. Krages Attorney at Law Photographer’s Rights Page Information about photographers’ rights in the US • European Court of Human Rights case law factsheet on the right to one’s own image • Photography and the Law Photography and the Law Legal Updates • Canadian laws with regard to photography • Digital Rights Ireland » Photographer’s Rights • UK Photographers Rights • Australian street photography legal issues • I’m a Photographer, Not a Terrorist!, a UK group set up to fight unnecessary and draconian restrictions against individuals taking photographs in public spaces • Worldwide Photographer’s Rights free ebook Chapter 2
Day 2
2.1 Observation
“Observations” redirects here. For the travel book, see Observations (Pierre Belon). For other uses, see Observation (disambiguation). Observation is the active acquisition of information from a primary source. In living beings, observation employs
Observer is someone who gathers information about observed phenomenon, but does not intervene. Observing the air traffic in Rõuge, Estonia.
the senses. In science, observation can also involve the recording of data via the use of instruments. The term may also refer to any data collected during the scientific activity. Observations can be qualitative, that is, only the absence or presence of a property is noted, or quantitative if a numerical value is attached to the observed phenomenon by counting or measuring.
13 14 CHAPTER 2. DAY 2
2.1.1 Observation in science
The scientific method requires observations of nature to formulate and test hypotheses.[1] It consists of these steps:[2][3]
1. Asking a question about a natural phenomenon
2. Making observations of the phenomenon
3. Hypothesizing an explanation for the phenomenon
4. Predicting logical, observable consequences of the hypothesis that have not yet been investigated
5. Testing the hypothesis’ predictions by an experiment, observational study, field study, or simulation
6. Forming a conclusion from data gathered in the experiment, or making a revised/new hypothesis and repeating the process
7. Writing out a description of the method of observation and the results or conclusions reached
8. Review of the results by peers with experience researching the same phenomenon
Observations play a role in the second and fifth steps of the scientific method. However the need for reproducibility requires that observations by different observers can be comparable. Human sense impressions are subjective and qualitative, making them difficult to record or compare. The use of measurement developed to allow recording and comparison of observations made at different times and places, by different people. Measurement consists of using observation to compare the phenomenon being observed to a standard. The standard of comparison can be an artifact, process, or definition which can be duplicated or shared by all observers, if not by direct measurement then by counting the number of aspects or properties of the object that are comparable to the standard. Measurement reduces an observation to a number which can be recorded, and two observations which result in the same number are equal within the resolution of the process. Senses are limited, and are subject to errors in perception such as optical illusions. Scientific instruments were devel- oped to magnify human powers of observation, such as weighing scales, clocks, telescopes, microscopes, thermometers, cameras, and tape recorders, and also translate into perceptible form events that are unobservable by human senses, such as indicator dyes, voltmeters, spectrometers, infrared cameras, oscilloscopes, interferometers, geiger counters, x-ray machines, and radio receivers. One problem encountered throughout scientific fields is that the observation may affect the process being observed, resulting in a different outcome than if the process was unobserved. This is called the observer effect. For exam- ple, it is not normally possible to check the air pressure in an automobile tire without letting out some of the air, thereby changing the pressure. However, in most fields of science it is possible to reduce the effects of observation to insignificance by using better instruments. Considered as a physical process itself, all forms of observation (human or instrumental) involve amplification and are thus thermodynamically irreversible processes, increasing entropy.
2.1.2 Observational paradoxes
In some specific fields of science the results of observation differ depending on factors which are not important in everyday observation. These are usually illustrated with "paradoxes" in which an event appears different when observed from two different points of view, seeming to violate “common sense”.
• Relativity: In relativistic physics which deals with velocities close to the speed of light, it is found that different observers may observe different values for the length, time rates, mass, and many other properties of an object, depending on the observer’s velocity relative to the object. For example, in the twin paradox one twin goes on a trip near the speed of light and comes home younger than the twin who stayed at home. This is not a paradox: time passes at a slower rate when measured from a frame moving with respect to the object. In relativistic physics, an observation must always be qualified by specifying the state of motion of the observer, its reference frame. 2.1. OBSERVATION 15
• Quantum mechanics: In quantum mechanics, which deals with the behavior of very small objects, it is not possible to observe a system without changing the system, and the “observer” must be considered part of the system being observed. In isolation, quantum objects are represented by a wave function which often exists in a superposition or mixture of different states. However, when an observation is made to determine the actual location or state of the object, it always finds the object in a single state, not a “mixture”. The interaction of the observation process appears to "collapse" the wave function into a single state. So any interaction between an isolated wave function and the external world that results in this wave function collapse is called an observation or measurement, whether or not it is part of a deliberate observation process.
2.1.3 Biases
The human senses do not function like a video camcorder, impartially recording all observations.[4] Human perception occurs by a complex, unconscious process of abstraction, in which certain details of the incoming sense data are noticed and remembered, and the rest forgotten. What is kept and what is thrown away depends on an internal model or representation of the world, called by psychologists a schema, that is built up over our entire lives. The data is fitted into this schema. Later when events are remembered, memory gaps may even be filled by “plausible” data the mind makes up to fit the model; this is called reconstructive memory. How much attention the various perceived data are given depends on an internal value system, which judges how important it is to the individual. Thus two people can view the same event and come away with entirely different perceptions of it, even disagreeing about simple facts. This is why eyewitness testimony is notoriously unreliable. Several of the more important ways observations can be affected by human psychology are given below.
Confirmation bias
Human observations are biased toward confirming the observer’s conscious and unconscious expectations and view of the world; we "see what we expect to see".[5] In psychology, this is called confirmation bias.[5] Since the object of scientific research is the discovery of new phenomena, this bias can and has caused new discoveries to be overlooked. One example is the discovery of x-rays. It can also result in erroneous scientific support for widely held cultural myths, for example the scientific racism that supported ideas of racial superiority in the early 20th century.[6] Correct scientific technique emphasizes careful recording of observations, separating experimental observations from the conclusions drawn from them, and techniques such as blind or double blind experiments, to minimize observational bias.
“Cargo cult” science
Another bias, which has become more prevalent with the advent of "big science" and the large rewards of new discoveries, is bias in favor of the researcher’s desired hypothesis or outcome; we "see what we want to see". Called pathological science and cargo cult science, this is different from deliberate falsification of results, and can happen to good-faith researchers. Researchers with a great incentive or desire for a given outcome can misinterpret or misjudge results, or even persuade themselves they have seen something they haven't. Possible examples of mistaken discoveries caused by this bias are Martian “canals”, N rays, polywater, cold fusion, and perpetual motion machines. Recent decades have seen scientific scandals caused by researchers playing “fast and loose” with observational methods in order to get their pet theories published. This type of bias is rampant in pseudoscience, where correct scientific techniques are not followed. The main defense against this bias, besides correct research techniques, is peer review and repetition of the experiment, or the observation, by other researchers with no incentive to bias. For example, an emerging practice in the competitive field of biotechnology is to require the physical results of experiments, such as serums and tissue cultures, be made available to competing laboratories for independent testing.
Processing bias
Modern scientific instruments can extensively process “observations” before they are presented to the human senses, and particularly with computerized instruments, there is sometimes a question as to where in the data processing chain “observing” ends and “drawing conclusions” begins. This has recently become an issue with digitally enhanced images published as experimental data in papers in scientific journals. The images are enhanced to bring out features that the researcher wants to emphasize, but this also has the effect of supporting the researcher’s conclusions. This 16 CHAPTER 2. DAY 2 is a form of bias that is difficult to quantify. Some scientific journals have begun to set detailed standards for what types of image processing are allowed in research results. Computerized instruments often keep a copy of the “raw data” from sensors before processing, which is the ultimate defense against processing bias, and similarly scientific standards require preservation of the original unenhanced “raw” versions of images used as research data.
Observational bias
An observational bias occurs when researchers only look where they think they will find positive results, or where it is easy to record observations. This is called the "streetlight effect".[7]
2.1.4 Observations in philosophy “Observe always that everything is the result of a change, and get used to thinking that there is noth- ing Nature loves so well as to change existing forms and to make new ones like them.” — Meditations. iv. 36. – Marcus Aurelius
Observation in philosophical terms is the process of filtering sensory information through the thought process. Input is received via hearing, sight, smell, taste, or touch and then analyzed through either rational or irrational thought. You see a parent beat their child; you observe that such an action is either good or bad. Deductions about what behaviors are good or bad may be based in no way on preferences about building relationships, or study of the consequences resulting from the observed behavior. With the passage of time, impressions stored in the consciousness about many related observations, together with the resulting relationships and consequences, permit the individual to build a construct about the moral implications of behavior.
2.1.5 See also
• Introspection
• List of cognitive biases
• Naturalistic observation
• Observational astronomy
• Observational error
• Observational learning
• Observational study
• Observable quantity
• Observations and Measurements
• Observatory
• Observer effect
• Uncertainty principle
2.1.6 References
[1] Kosso, Peter (2011). A Summary of Scientific Method. Springer. p. 9. ISBN 9400716133.
[2] Mendez, Carl Cedrick L.; Heller, H. Craig; Berenbaum, May (2009). Life: The Science of Biology, 9th Ed. USA: Macmil- lan. pp. 13–14. ISBN 1429219629.
[3] Shipman, James; Wilson, Jerry D.; Todd, Aaron (2009). Introduction to Physical Science, 12th Ed. Cengage Learning. p. 4. ISBN 0538731877. 2.2. REALITY 17
[4] Shaw, Julia (Aug 12, 2016). “Not all memories really happened: What experts wish you knew about false memories”. Scientific American. Nature America, Inc. Retrieved August 13, 2016.
[5] Shermer, Michael (2002). Why People Believe Weird Things: Pseudoscience, Superstition, and Other Confusions of Our Time. MacMillan. pp. 299–302. ISBN 1429996765.
[6] Gardner, Martin (1957). Fads and Fallacies in the Name of Science. Dover Publications, Inc. pp. 152–163. ISBN 9780486131627.
[7] David H. Freedman (August 1, 2010). “The Streetlight Effect”. Discover magazine.
2.2 Reality
For other uses, see Reality (disambiguation). Not to be confused with Realty.
Reality is the state of things as they actually exist, rather than as they may appear or might be imagined.[1] Reality includes everything that is and has been, whether or not it is observable or comprehensible. A still broader definition includes that which has existed, exists, or will exist. Philosophers, mathematicians, and other ancient and modern thinkers, such as Aristotle, Plato, Frege, Wittgenstein, and Russell, have made a distinction between thought corresponding to reality, coherent abstractions (thoughts of things that are imaginable but not real), and that which cannot even be rationally thought. By contrast existence is often restricted solely to that which has physical existence or has a direct basis in it in the way that thoughts do in the brain. Reality is often contrasted with what is imaginary, delusional, (only) in the mind, dreams, what is false, what is fictional, or what is abstract. At the same time, what is abstract plays a role both in everyday life and in academic research. For instance, causality, virtue, life, and distributive justice are abstract concepts that can be difficult to define, but they are only rarely equated with pure delusions. Both the existence and reality of abstractions are in dispute: one extreme position regards them as mere words; another position regards them as higher truths than less abstract concepts. This disagreement is the basis of the philosophical problem of universals. The truth refers to what is real, while falsity refers to what is not. Fictions are considered not real.
2.2.1 Related concepts
See also: Truth and Fact
World views and theories
Further information: World view
A common colloquial usage would have reality mean “perceptions, beliefs, and attitudes toward reality”, as in “My reality is not your reality.” This is often used just as a colloquialism indicating that the parties to a conversation agree, or should agree, not to quibble over deeply different conceptions of what is real. For example, in a religious discussion between friends, one might say (attempting humor), “You might disagree, but in my reality, everyone goes to heaven.” Reality can be defined in a way that links it to world views or parts of them (conceptual frameworks): Reality is the totality of all things, structures (actual and conceptual), events (past and present) and phenomena, whether observable or not. It is what a world view (whether it be based on individual or shared human experience) ultimately attempts to describe or map. Certain ideas from physics, philosophy, sociology, literary criticism, and other fields shape various theories of reality. One such belief is that there simply and literally is no reality beyond the perceptions or beliefs we each have about reality. Such attitudes are summarized in the popular statement, “Perception is reality” or “Life is how you perceive reality” or “reality is what you can get away with” (Robert Anton Wilson), and they indicate anti-realism – that is, the view that there is no objective reality, whether acknowledged explicitly or not. 18 CHAPTER 2. DAY 2
Many of the concepts of science and philosophy are often defined culturally and socially. This idea was elaborated by Thomas Kuhn in his book The Structure of Scientific Revolutions (1962). The Social Construction of Reality, a book about the sociology of knowledge written by Peter L. Berger and Thomas Luckmann, was published in 1966. It explained how knowledge is acquired and used for the comprehension of reality. Out of all the realities, the reality of everyday life is the most important one since our consciousness requires us to be completely aware and attentive to the experience of everyday life.
2.2.2 Western philosophy
Philosophy addresses two different aspects of the topic of reality: the nature of reality itself, and the relationship between the mind (as well as language and culture) and reality. On the one hand, ontology is the study of being, and the central topic of the field is couched, variously, in terms of being, existence, “what is”, and reality. The task in ontology is to describe the most general categories of reality and how they are interrelated. If a philosopher wanted to proffer a positive definition of the concept “reality”, it would be done under this heading. As explained above, some philosophers draw a distinction between reality and existence. In fact, many analytic philosophers today tend to avoid the term “real” and “reality” in discussing ontological issues. But for those who would treat “is real” the same way they treat “exists”, one of the leading questions of analytic philosophy has been whether existence (or reality) is a property of objects. It has been widely held by analytic philosophers that it is not a property at all, though this view has lost some ground in recent decades. On the other hand, particularly in discussions of objectivity that have feet in both metaphysics and epistemology, philosophical discussions of “reality” often concern the ways in which reality is, or is not, in some way dependent upon (or, to use fashionable jargon, “constructed” out of) mental and cultural factors such as perceptions, beliefs, and other mental states, as well as cultural artifacts, such as religions and political movements, on up to the vague notion of a common cultural world view, or Weltanschauung. The view that there is a reality independent of any beliefs, perceptions, etc., is called realism. More specifically, philosophers are given to speaking about “realism about" this and that, such as realism about universals or realism about the external world. Generally, where one can identify any class of object, the existence or essential character- istics of which is said not to depend on perceptions, beliefs, language, or any other human artifact, one can speak of “realism about" that object. One can also speak of anti-realism about the same objects. Anti-realism is the latest in a long series of terms for views opposed to realism. Perhaps the first was idealism, so called because reality was said to be in the mind, or a product of our ideas. Berkeleyan idealism is the view, propounded by the Irish empiricist George Berkeley, that the objects of perception are actually ideas in the mind. In this view, one might be tempted to say that reality is a “mental construct"; this is not quite accurate, however, since in Berkeley’s view perceptual ideas are created and coordinated by God. By the 20th century, views similar to Berkeley’s were called phenomenalism. Phenomenalism differs from Berkeleyan idealism primarily in that Berkeley believed that minds, or souls, are not merely ideas nor made up of ideas, whereas varieties of phenomenalism, such as that advocated by Russell, tended to go farther to say that the mind itself is merely a collection of perceptions, memories, etc., and that there is no mind or soul over and above such mental events. Finally, anti-realism became a fashionable term for any view which held that the existence of some object depends upon the mind or cultural artifacts. The view that the so-called external world is really merely a social, or cultural, artifact, called social constructionism, is one variety of anti-realism. Cultural relativism is the view that social issues such as morality are not absolute, but at least partially cultural artifact. A correspondence theory of knowledge about what exists claims that “true” knowledge of reality represents accurate correspondence of statements about and images of reality with the actual reality that the statements or images are attempting to represent. For example, the scientific method can verify that a statement is true based on the observable evidence that a thing exists. Many humans can point to the Rocky Mountains and say that this mountain range exists, and continues to exist even if no one is observing it or making statements about it.
Being
The nature of being is a perennial topic in metaphysics. For, instance Parmenides taught that reality was a single unchanging Being, whereas Heraclitus wrote that all things flow. The 20th century philosopher Heidegger thought previous philosophers have lost sight the question of Being (qua Being) in favour of the questions of beings (existing things), so that a return to the Parmenidean approach was needed. An ontological catalogue is an attempt to list the fundamental constituents of reality. The question of whether or not existence is a predicate has been discussed since 2.2. REALITY 19
the Early Modern period, not least in relation to the ontological argument for the existence of God. Existence, that something is, has been contrasted with essence, the question of what something is. Since existence without essence seems blank, it associated with nothingness by philosophers such as Hegel. Nihilism represents an extremely negative view of being, the absolute a positive one.
Perception
The question of direct or “naïve” realism, as opposed to indirect or “representational” realism, arises in the philosophy of perception and of mind out of the debate over the nature of conscious experience;[2][3] the epistemological question of whether the world we see around us is the real world itself or merely an internal perceptual copy of that world generated by neural processes in our brain. Naïve realism is known as direct realism when developed to counter indirect or representative realism, also known as epistemological dualism,[4] the philosophical position that our conscious experience is not of the real world itself but of an internal representation, a miniature virtual-reality replica of the world. Timothy Leary coined the influential term Reality Tunnel, by which he means a kind of representative realism. The theory states that, with a subconscious set of mental filters formed from their beliefs and experiences, every individual interprets the same world differently, hence “Truth is in the eye of the beholder”. His ideas influenced the work of his friend Robert Anton Wilson.
Abstract objects and mathematics
The status of abstract entities, particularly numbers, is a topic of discussion in mathematics. In the philosophy of mathematics, the best known form of realism about numbers is Platonic realism, which grants them abstract, immaterial existence. Other forms of realism identify mathematics with the concrete physical universe. Anti-realist stances include formalism and fictionalism. Some approaches are selectively realistic about some mathematical objects but not others. Finitism rejects infinite quantities. Ultra-finitism accepts finite quantities up to a certain amount. Constructivism and intuitionism are realistic about objects that can be explicitly constructed, but reject the use of the principle of the excluded middle to prove existence by reductio ad absurdum. The traditional debate has focused on whether an abstract (immaterial, intelligible) realm of numbers has existed in addition to the physical (sensible, concrete) world. A recent development is the mathematical universe hypothesis, the theory that only a mathematical world exists, with the finite, physical world being an illusion within it. An extreme form of realism about mathematics is the mathematical multiverse hypothesis advanced by Max Tegmark. Tegmark’s sole postulate is: All structures that exist mathematically also exist physically. That is, in the sense that “in those [worlds] complex enough to contain self-aware substructures [they] will subjectively perceive themselves as existing in a physically 'real' world”.[5][6] The hypothesis suggests that worlds corresponding to different sets of initial conditions, physical constants, or altogether different equations should be considered real. The theory can be considered a form of Platonism in that it posits the existence of mathematical entities, but can also be considered a mathematical monism in that it denies that anything exists except mathematical objects.
Properties
Main article: Problem of universals
The problem of universals is an ancient problem in metaphysics about whether universals exist. Universals are general or abstract qualities, characteristics, properties, kinds or relations, such as being male/female, solid/liquid/gas or a certain colour,[7] that can be predicated of individuals or particulars or that individuals or particulars can be regarded as sharing or participating in. For example, Scott, Pat, and Chris have in common the universal quality of being human or humanity. The realist school claims that universals are real – they exist and are distinct from the particulars that instantiate them. There are various forms of realism. Two major forms are Platonic realism and Aristotelian realism.[8] Platonic realism is the view that universals are real entities and they exist independent of particulars. Aristotelian realism, on the other 20 CHAPTER 2. DAY 2
hand, is the view that universals are real entities, but their existence is dependent on the particulars that exemplify them. Nominalism and conceptualism are the main forms of anti-realism about universals.
Time and space
Main article: Philosophy of space and time
A traditional realist position in ontology is that time and space have existence apart from the human mind. Idealists deny or doubt the existence of objects independent of the mind. Some anti-realists whose ontological position is that objects outside the mind do exist, nevertheless doubt the independent existence of time and space. Kant, in the Critique of Pure Reason, described time as an a priori notion that, together with other a priori notions such as space, allows us to comprehend sense experience. Kant denies that either space or time are substance, entities in themselves, or learned by experience; he holds rather that both are elements of a systematic framework we use to structure our experience. Spatial measurements are used to quantify how far apart objects are, and temporal measurements are used to quantitatively compare the interval between (or duration of) events. Although space and time are held to be transcendentally ideal in this sense, they are also empirically real, i.e. not mere illusions. Idealist writers such as J. M. E. McTaggart in The Unreality of Time have argued that time is an illusion. As well as differing about the reality of time as a whole, metaphysical theories of time can differ in their ascriptions of reality to the past, present and future separately.
• Presentism holds that the past and future are unreal, and only an ever changing present is real.
• The block universe theory, also known as Eternalism, holds that past, present and future are all real, but the passage of time is an illusion. It is often said to have a scientific basis in relativity.
• The growing block universe theory holds that past and present are real, but the future is not.
Time, and the related concepts of process and evolution are central to the system-building metaphysics of A. N. Whitehead and Charles Hartshorne.
Possible worlds
The term "possible world" goes back to Leibniz’s theory of possible worlds, used to analyse necessity, possibility, and similar modal notions. Modal realism is the view, notably propounded by David Kellogg Lewis, that all possible worlds are as real as the actual world. In short: the actual world is regarded as merely one among an infinite set of logically possible worlds, some “nearer” to the actual world and some more remote. Other theorists may use the Possible World framework to express and explore problems without committing to it ontologically. Possible world theory is related to alethic logic: a proposition is necessary if it is true in all possible worlds, and possible if it is true in at least one. The many worlds interpretation of quantum mechanics is a similar idea in science.
Theories of everything (TOE) and philosophy
Main article: Theory of everything (philosophy)
The philosophical implications of a physical TOE are frequently debated. For example, if philosophical physicalism is true, a physical TOE will coincide with a philosophical theory of everything. The “system building” style of metaphysics attempts to answer all the important questions in a coherent way, providing a complete picture of the world. Plato and Aristotle could be said to be early examples of comprehensive systems. In the early modern period (17th and 18th centuries), the system-building scope of philosophy is often linked to the ratioanlist method of philosophy,that is the technique of deducing the nature of the world by pure a priori reason. Examples from the early modern period include the Leibniz's Monadology, Descartes's Dualism, Spinoza's Monism. Hegel's Absolute idealism and Whitehead's Process philosophy were later systems. 2.2. REALITY 21
Other philosophers do not believe its techniques can aim so high. Some scientists think a more mathematical approach than philosophy is needed for a TOE, for instance Stephen Hawking wrote in A Brief History of Time that even if we had a TOE, it would necessarily be a set of equations. He wrote, “What is it that breathes fire into the equations and makes a universe for them to describe?"[9]
Phenomenological reality
On a much broader and more subjective level, private experiences, curiosity, inquiry, and the selectivity involved in personal interpretation of events shapes reality as seen by one and only one individual and hence is called phenomenological. While this form of reality might be common to others as well, it could at times also be so unique to oneself as to never be experienced or agreed upon by anyone else. Much of the kind of experience deemed spiritual occurs on this level of reality. Phenomenology is a philosophical method developed in the early years of the twentieth century by Edmund Husserl and a circle of followers at the universities of Göttingen and Munich in Germany. Subsequently, phenomenological themes were taken up by philosophers in France, the United States, and elsewhere, often in contexts far removed from Husserl’s work. The word phenomenology comes from the Greek phainómenon, meaning “that which appears”, and lógos, meaning “study”. In Husserl’s conception, phenomenology is primarily concerned with making the structures of consciousness, and the phenomena which appear in acts of consciousness, objects of systematic reflection and analysis. Such reflection was to take place from a highly modified "first person" viewpoint, studying phenomena not as they appear to “my” consciousness, but to any consciousness whatsoever. Husserl believed that phenomenology could thus provide a firm basis for all human knowledge, including scientific knowledge, and could establish philosophy as a “rigorous science”.[10] Husserl’s conception of phenomenology has been criticised and developed not only by himself, but also by his student and assistant Martin Heidegger, by existentialists, such as Maurice Merleau-Ponty, Jean-Paul Sartre, and by other philosophers, such as Paul Ricoeur, Emmanuel Levinas, and Dietrich von Hildebrand.[11]
Skeptical hypotheses
Skeptical hypotheses in philosophy suggest that reality is very different from what we think it is; or at least that we cannot prove it is not. Examples include:
• The "Brain in a vat" hypothesis is cast in scientific terms. It supposes that one might be a disembodied brain kept alive in a vat, and fed false sensory signals, by a mad scientist.
• The "Dream argument" of Descartes and Zhuangzi supposes reality to be indistinguishable from a dream.
• Descarte’s Evil demon is a being “as clever and deceitful as he is powerful, who has directed his entire effort to misleading me.”
• The five minute hypothesis (or omphalos hypothesis or Last Thursdayism) suggests that the world was created recently together with records and traces indicating a greater age.
• The Matrix hypothesis or Simulated reality hypothesis suggest that we might be inside a computer simulation or virtual reality.
2.2.3 Jain philosophy
Main article: Tattva (Jainism)
Jain philosophy postulates that seven tattva (truths or fundamental principles) constitute reality.[12] These seven tattva are:[13]
1. Jīva – The soul which is characterized by consciousness.
2. Ajīva – The non-soul. 22 CHAPTER 2. DAY 2
A brain in a vat that believes it is walking
3. Asrava – Influx of karma.
4. Bandha – The bondage of karma.
5. Samvara – Obstruction of the inflow of karmic matter into the soul.
6. Nirjara – Shedding of karmas.
7. Moksha – Liberation or Salvation, i.e. the complete annihilation of all karmic matter (bound with any particular soul).
2.2.4 Physical sciences
Scientific realism
Scientific realism is, at the most general level, the view that the world described by science (perhaps ideal science) is the real world, as it is, independent of what we might take it to be. Within philosophy of science, it is often framed as an answer to the question “how is the success of science to be explained?" The debate over what the success of science involves centers primarily on the status of entities that are not directly observable discussed by scientific theories. Generally, those who are scientific realists state that one can make reliable claims about these entities (viz., that they have the same ontological status) as directly observable entities, as opposed to instrumentalism. The most used and studied scientific theories today state more or less the truth. 2.2. REALITY 23
Realism and locality in physics
Realism in the sense used by physicists does not equate to realism in metaphysics.[14] The latter is the claim that the world is mind-independent: that even if the results of a measurement do not pre-exist the act of measurement, that does not require that they are the creation of the observer. Furthermore, a mind-independent property does not have to be the value of some physical variable such as position or momentum. A property can be dispositional (or potential), i.e. it can be a tendency: in the way that glass objects tend to break, or are disposed to break, even if they do not actually break. Likewise, the mind-independent properties of quantum systems could consist of a tendency to respond to particular measurements with particular values with ascertainable probability.[15] Such an ontology would be metaphysically realistic, without being realistic in the physicist’s sense of “local realism” (which would require that a single value be produced with certainty). A closely related term is counterfactual definiteness (CFD), used to refer to the claim that one can meaningfully speak of the definiteness of results of measurements that have not been performed (i.e. the ability to assume the existence of objects, and properties of objects, even when they have not been measured). Local realism is a significant feature of classical mechanics, of general relativity, and of electrodynamics; but quantum mechanics has shown that quantum entanglement is possible. This was rejected by Einstein, who proposed the EPR paradox, but it was subsequently quantified by Bell’s inequalities.[16] If Bell’s inequalities are violated, either local realism or counterfactual definiteness must be incorrect; but some physicists dispute that experiments have demon- strated Bell’s violations, on the grounds that the sub-class of inhomogeneous Bell inequalities has not been tested or due to experimental limitations in the tests. Different interpretations of quantum mechanics violate different parts of local realism and/or counterfactual definiteness.
Role of the observer in quantum mechanics
See also: Quantum decoherence
The quantum mind–body problem refers to the philosophical discussions of the mind–body problem in the context of quantum mechanics. Since quantum mechanics involves quantum superpositions, which are not perceived by observers, some interpretations of quantum mechanics place conscious observers in a special position. The founders of quantum mechanics debated the role of the observer, and of them, Wolfgang Pauli and Werner Heisenberg believed that it was the observer that produced collapse. This point of view, which was never fully endorsed by Niels Bohr, was denounced as mystical and anti-scientific by Albert Einstein. Pauli accepted the term, and described quantum mechanics as lucid mysticism.[17] Heisenberg and Bohr always described quantum mechanics in logical positivist terms. Bohr also took an active interest in the philosophical implications of quantum theories such as his complementarity, for example.[18] He believed quantum theory offers a complete description of nature, albeit one that is simply ill suited for everyday experiences – which are better described by classical mechanics and probability. Bohr never specified a demarcation line above which objects cease to be quantum and become classical. He believed that it was not a question of physics, but one of philosophy. Eugene Wigner reformulated the "Schrödinger’s cat" thought experiment as "Wigner’s friend" and proposed that the consciousness of an observer is the demarcation line which precipitates collapse of the wave function, independent of any realist interpretation. Commonly known as "consciousness causes collapse", this interpretation of quantum mechanics states that observation by a conscious observer is what makes the wave function collapse.
Multiverse
The multiverse is the hypothetical set of multiple possible universes (including the historical universe we consistently experience) that together comprise everything that exists: the entirety of space, time, matter, and energy as well as the physical laws and constants that describe them. The term was coined in 1895 by the American philosopher and psychologist William James.[19] In the many-worlds interpretation (MWI), one of the mainstream interpretations of quantum mechanics, there are an infinite number of universes and every possible quantum outcome occurs in at least one universe. The structure of the multiverse, the nature of each universe within it and the relationship between the various con- stituent universes, depend on the specific multiverse hypothesis considered. Multiverses have been hypothesized in 24 CHAPTER 2. DAY 2 cosmology, physics, astronomy, religion, philosophy, transpersonal psychology and fiction, particularly in science fic- tion and fantasy. In these contexts, parallel universes are also called “alternative universes”, “quantum universes”, “interpenetrating dimensions”, “parallel dimensions”, “parallel worlds”, “alternative realities”, “alternative timelines”, and “dimensional planes,” among others.
Scientific theories of everything
A theory of everything (TOE) is a putative theory of theoretical physics that fully explains and links together all known physical phenomena, and predicts the outcome of any experiment that could be carried out in principle. The theory of everything is also called the final theory.[20] Many candidate theories of everything have been proposed by theoretical physicists during the twentieth century, but none have been confirmed experimentally. The primary problem in producing a TOE is that general relativity and quantum mechanics are hard to unify. This is one of the unsolved problems in physics. Initially, the term “theory of everything” was used with an ironic connotation to refer to various overgeneralized theories. For example, a great-grandfather of Ijon Tichy, a character from a cycle of Stanisław Lem's science fiction stories of the 1960s, was known to work on the “General Theory of Everything”. Physicist John Ellis[21] claims to have introduced the term into the technical literature in an article in Nature in 1986.[22] Over time, the term stuck in popularizations of quantum physics to describe a theory that would unify or explain through a single model the theories of all fundamental interactions and of all particles of nature: general relativity for gravitation, and the standard model of elementary particle physics – which includes quantum mechanics – for electromagnetism, the two nuclear interactions, and the known elementary particles. Current candidates for a theory of everything include string theory, M theory, and loop quantum gravity.
2.2.5 Technology
Virtual reality and cyberspace
Virtual reality (VR) is a term that applies to computer-simulated environments that can simulate physical presence in places in the real world, as well as in imaginary worlds.
Reality-Virtuality Continuum.
The Virtuality Continuum is a continuous scale ranging between the completely virtual, a Virtuality, and the com- pletely real: Reality. The reality-virtuality continuum therefore encompasses all possible variations and compositions of real and virtual objects. It has been described as a concept in new media and computer science, but in fact it could be considered a matter of anthropology. The concept was first introduced by Paul Milgram.[23] The area between the two extremes, where both the real and the virtual are mixed, is the so-called Mixed reality. This in turn is said to consist of both Augmented Reality, where the virtual augments the real, and Augmented virtuality, where the real augments the virtual. Cyberspace, the world’s computer systems considered as an interconnected whole, can be thought of as a virtual reality; for instance, it is portrayed as such in the cyberpunk fiction of William Gibson and others. Second life and MMORPGs such as World of Warcraft are examples of artificial environments or virtual worlds (falling some way short of full virtual reality) in cyberspace.
“RL” in internet culture
On the Internet, "real life" refers to life in the real world. It generally references life or consensus reality, in contrast to an environment seen as fiction or fantasy, such as virtual reality, lifelike experience, dreams, novels, or movies. 2.2. REALITY 25
Online, the acronym “IRL” stands for “in real life”, with the meaning “not on the Internet”.[24] Sociologists engaged in the study of the Internet have determined that someday, a distinction between online and real-life worlds may seem “quaint”, noting that certain types of online activity, such as sexual intrigues, have already made a full transition to complete legitimacy and “reality”.[25] The abbreviation “RL” stands for “real life”. For example, one can speak of “meeting in RL” someone whom one has met in a chat or on an Internet forum. It may also be used to express an inability to use the Internet for a time due to “RL problems”.
2.2.6 See also
2.2.7 References
[1] Compact Oxford English Dictionary of Current English, Oxford University Press, 2005. (Full entry for reality: “reality • noun (pl. realities) 1 the state of things as they actually exist, as opposed to an idealistic or notional idea of them. 2 a thing that is actually experienced or seen. 3 the quality of being lifelike. 4 the state or quality of having existence or substance.”)
[2] Lehar, Steve. (2000). The Function of Conscious Experience: An Analogical Paradigm of Perception and Behavior, Consciousness and Cognition.
[3] Lehar, Steve. (2000). Naïve Realism in Contemporary Philosophy, The Function of Conscious Experience.
[4] Lehar, Steve. Representationalism
[5] Tegmark, Max (February 2008). “The Mathematical Universe”. Foundations of Physics. 38 (2): 101–150. arXiv:0704.0646 . Bibcode:2008FoPh...38..101T. doi:10.1007/s10701-007-9186-9.
[6] Tegmark (1998), p. 1.
[7] Loux (2001), p. 4
[8] Price (1953), among others, sometimes uses such Latin terms
[9] as quoted in [Artigas, The Mind of the Universe, p.123]
[10] Joseph Kockelmans (2001). Edmund Husserl’s phenomenology (2 ed.). Purdue University Press. pp. 311–314. ISBN 1-55753-050-5.
[11] Steven Galt Crowell (2001). Husserl, Heidegger, and the space of meaning: paths toward transcendental phenomenology. Northwestern University Press. p. 160. ISBN 0-8101-1805-X.
[12] S.A. Jain 1992, p. 6.
[13] S.A. Jain 1992, p. 7.
[14] Norsen, T. – Against “Realism”
[15] Ian Thomson’s dispositional quantum mechanics
[16] Ben Dov, Y. Local Realism and the Crucial experiment.
[17] Juan Miguel Marin (2009). "'Mysticism' in quantum mechanics: the forgotten controversy”. European Journal of Physics. 30 (4): 807–822. Bibcode:2009EJPh...30..807M. doi:10.1088/0143-0807/30/4/014. link, summarized here
[18] John Honner (2005). “Niels Bohr and the Mysticism of Nature”. Zygon: Journal of Religion & Science. 17–3: 243–253.
[19] James, William, The Will to Believe, 1895; and earlier in 1895, as cited in OED's new 2003 entry for “multiverse": “1895 W. JAMES in Internat. Jrnl. Ethics 6 10 Visible nature is all plasticity and indifference, a multiverse, as one might call it, and not a universe.”
[20] Weinberg (1993)
[21] Ellis, John (2002). “Physics gets physical (correspondence)". Nature. 415 (6875): 957. Bibcode:2002Natur.415..957E. doi:10.1038/415957b. PMID 11875539.
[22] Ellis, John (1986). “The Superstring: Theory of Everything, or of Nothing?". Nature. 323 (6089): 595–598. Bibcode:1986Natur.323..595E. doi:10.1038/323595a0. 26 CHAPTER 2. DAY 2
[23] Milgram, Paul; H. Takemura; A. Utsumi; F. Kishino (1994). “Augmented Reality: A class of displays on the reality- virtuality continuum” (PDF). Proceedings of Telemanipulator and Telepresence Technologies. pp. 2351–34. Retrieved 2007-03-15.
[24] “AcronymFinder.com search for IRL”.
[25] Don Slater (2002). “Social Relationships and Identity On-line and Off-line”. In Leah, Sonia, Lievrouw, and Livingstone. Handbook of New Media: Social Shaping and Consequences of ICTs. Sage Publications Inc. pp. 533–543. ISBN 0-7619- 6510-6.
• Berger, Peter L.; Luckmann, Thomas (1966). The Social Construction of Reality: A Treatise in the Sociology of Knowledge. New York: Anchor Books. pp. 21–22.
2.2.8 Bibliography
• S. A. Jain (1992). Reality. Jwalamalini Trust. Archived from the original on 2015. Not in Copyright
2.2.9 External links
• Miller, Alexander. “David Lewis”. Stanford Encyclopedia of Philosophy. • C.D. Broad on Reality • Video: Animated version of the above with Dr Quantum - Flatland • Phenomenology Online: Materials discussing and exemplifying phenomenological research • The Matrix as Metaphysics by David Chalmers
2.3 Illusion
This article is about perception. For figures of speech, see allusion. For other uses, see Illusion (disambiguation). An illusion is a distortion of the senses, revealing how the brain normally organizes and interprets sensory stimu- lation. Though illusions distort reality, they are generally shared by most people.[1] Illusions may occur with any of the human senses, but visual illusions (optical illusions) are the best-known and understood. The emphasis on visual illusions occurs because vision often dominates the other senses. For example, individuals watching a ventriloquist will perceive the voice is coming from the dummy since they are able to see the dummy mouth the words.[2] Some illusions are based on general assumptions the brain makes during perception. These assumptions are made using organizational principles (e.g., Gestalt theory), an individual’s capacity for depth perception and motion perception, and perceptual constancy. Other illusions occur because of biological sensory structures within the human body or conditions outside of the body within one’s physical environment. The term illusion refers to a specific form of sensory distortion. Unlike a hallucination, which is a distortion in the absence of a stimulus, an illusion describes a misinterpretation of a true sensation. For example, hearing voices regardless of the environment would be a hallucination, whereas hearing voices in the sound of running water (or other auditory source) would be an illusion. Mimes are known for a repertoire of illusions that are created by physical means. The mime artist creates an illusion of acting upon or being acted upon by an unseen object. These illusions exploit the audience’s assumptions about the physical world. Well-known examples include “walls”, “climbing stairs”, “leaning”, “descending ladders”, and “pulling and pushing”.
2.3.1 Optical
Main article: Optical illusion
An optical illusion is characterized by visually perceived images that are deceptive or misleading. Therefore, the information gathered by the eye is processed by the brain to give, on the face of it, a percept that does not tally with 2.3. ILLUSION 27
The transparent dial in this "mystery watch" may create the illusion in the viewer that the hands work without any movement.
a physical measurement of the stimulus source. A conventional assumption is that there are physiological illusions that occur naturally and cognitive illusions that can be demonstrated by specific visual tricks that say something more basic about how human perceptual systems work. The human brain constructs a world inside our head based on what it samples from the surrounding environment. However, sometimes it tries to organise this information it thinks best while other times it fills in the gaps.[3][4] This way in which our brain works is the basis of an illusion.
2.3.2 Auditory
Main article: Auditory illusion
An auditory illusion is an illusion of hearing, the sound equivalent of an optical illusion: the listener hears either sounds which are not present in the stimulus, or “impossible” sounds. In short, audio illusions highlight areas where the human ear and brain, as organic, makeshift tools, differ from perfect audio receptors (for better or for worse). One example of an auditory illusion is a Shepard tone. 28 CHAPTER 2. DAY 2
An optical illusion. Square A is exactly the same shade of grey as Square B. (See Checker shadow illusion.)
2.3.3 Tactile
Main article: Tactile illusion
Examples of tactile illusions include phantom limb, the thermal grill illusion, the cutaneous rabbit illusion and a curious illusion that occurs when the crossed index and middle fingers are run along the bridge of the nose with one finger on each side, resulting in the perception of two separate noses. Interestingly, the brain areas activated during illusory tactile perception are similar to those activated during actual tactile stimulation.[5] Tactile illusions can also be elicited through haptic technology.[6] These “illusory” tactile objects can be used to create “virtual objects”.[7]
2.3.4 Temporal
A temporal illusion is a distortion in the perception of time, which occurs when the time interval between two or more events is very narrow (typically less than a second). In such cases, a person may momentarily perceive time as slowing down, stopping, speeding up, or running backwards.
2.3.5 Other senses
Illusions can occur with the other senses including those involved in food perception. Here both sound[8] and touch[9] have been shown to modulate the perceived staleness and crispness of food products. It was also discovered that even if some portion of the taste receptor on the tongue became damaged that illusory taste could be produced by tactile stimulation.[10] Evidence of olfactory (smell) illusions occurred when positive or negative verbal labels were given prior to olfactory stimulation.[11] 2.3. ILLUSION 29
2.3.6 Disorders
Some illusions occur as result of an illness or a disorder. While these types of illusions are not shared with everyone, they are typical of each condition. For example, migraine sufferers often report fortification illusions.
2.3.7 Neuroscience
In an experiment with one patient, electrical stimulation at the left temporoparietal junction lead to an illusion of another person close to her.[12][13]
2.3.8 See also
• Argument from illusion • Augmented reality • Delusion • Dream argument • Holography • Illusion costume • Moon illusion • Pareidolia • Simulated reality
Not related to senses (cognitive illusions)
• List of cognitive biases
2.3.9 References
[1] Solso, R. L. (2001). Cognitive psychology (6th ed.). Boston: Allyn and Bacon. ISBN 0-205-30937-2 [2] McGurk, Hj.; MacDonald, J. (1976). “Hearing lips and seeing voices”. Nature. 264: 746–748. doi:10.1038/264746a0. PMID 1012311. [3] Yoon Mo Jung and Jackie (Jianhong) Shen (2008), J. Visual Comm. Image Representation, 19(1):42-55, First-order modeling and stability analysis of illusory contours. [4] Yoon Mo Jung and Jackie (Jianhong) Shen (2014), arXiv:1406.1265, Illusory shapes via phase transition. [5] Gross, L 2006 THIS REFERENCE IS INCOMPLETE [6] Robles-De-La-Torre & Hayward 2001 [7] The Cutting Edge of Haptics (MIT Technology Review article) [8] Zampini M & Spence C (2004) “The role of auditory cues in modulating the perceived crispness and staleness of potato chips” Journal of Sensory Studies 19, 347-363. [9] Barnett-Cowan M (2010) “An illusion you can sink your teeth into: Haptic cues modulate the perceived freshness and crispness of pretzels” Perception 39, 1684-1686. [10] Todrank, J & Bartoshuk, L.M., 1991 [11] Herz R. S. & Von Clef J., 2001 [12] Arzy, S; Seeck, M; Ortigue, S; Spinelli, L; Blanke, O (2006). “Induction of an illusory shadow person”. Nature. 443: 287. doi:10.1038/443287a. [13] Hopkin, Michael (20 September 2006), “Brain Electrodes Conjure up Ghostly Visions”, Nature, doi:10.1038/news060918- 4 30 CHAPTER 2. DAY 2
2.3.10 External links
• Universal Veiling Techniques
• What is an Illusion? by J.R. Block.
• Optical illusions and visual phenomena by Michael Bach
• Auditory illusions
• Haptic Perception of Shape - touch illusions, forces and the geometry of objects, by Gabriel Robles-De-La- Torre.
• Silencing awareness of visual change by motion
2.4 Optical illusion
This article is about visual perception. For the albums, see Optical Illusion (Time Requiem album) and Optical Illu- sion (Splean album). An optical illusion (also called a visual illusion) is an illusion caused by the visual system and characterized by
The checker shadow illusion. Although square A appears a darker shade of grey than square B, the two are exactly the same. visually perceived images that differ from objective reality. The information gathered by the eye is processed in the brain to give a percept that does not tally with a physical measurement of the stimulus source. There are three main types: literal optical illusions that create images that are different from the objects that make them, physiological illu- sions that are the effects of excessive stimulation of a specific type (brightness, colour, size, position, tilt, movement), and cognitive illusions, the result of unconscious inferences. Pathological visual illusions arise from a pathological exaggeration in physiological visual perception mechanisms causing the aforementioned types of illusions. 2.4. OPTICAL ILLUSION 31
Drawing a connecting bar between the two squares breaks the illusion and shows that they are the same shade.
Optical illusions are often classified into categories including the physical and the cognitive or perceptual,[1] and contrasted with optical hallucinations. Physiological illusions, such as the afterimages[2] following bright lights, or adapting stimuli of excessively longer alternating patterns (contingent perceptual aftereffect), are presumed to be the effects on the eyes or brain of excessive stimulation or interaction with contextual or competing stimuli of a specific type—brightness, color, position, tile, size, movement, etc. The theory is that a stimulus follows its individual dedicated neural path in the early stages of visual processing, and that intense or repetitive activity in that or interaction with active adjoining channels cause a physiological imbalance that alters perception. The Hermann grid illusion and Mach bands are two illusions that are best explained using a biological approach. Lateral inhibition, where in the receptive field of the retina light and dark receptors compete with one another to become active, has been used to explain why we see bands of increased brightness at the edge of a color difference when viewing Mach bands. Once a receptor is active, it inhibits adjacent receptors. This inhibition creates contrast, highlighting edges. In the Hermann grid illusion the gray spots appear at the intersection because of the inhibitory response which occurs as a result of the increased dark surround.[3] Lateral inhibition has also been used to explain the Hermann grid illusion, but this has been disproved. More recent empirical approaches to optical illusions have had some success in explaining optical phenomena with which theories based on lateral inhibition have struggled (e.g. Howe et al. 2005).[4]
2.4.1 Pathological visual illusions
A pathological visual illusion is a distortion of a real external stimulus[5] and are often diffuse and persistent. Patholog- ical visual illusions usually occur throughout the visual field, suggesting global excitability or sensitivity alterations.[6] Alternatively visual hallucination is the perception of an external visual stimulus where none exists.[5] Visual hallu- cinations are often from focal dysfunction and are usually transient. Types of visual illusions include oscillopsia, halos around objects, illusory palinopsia (visual trailing, light streaking, 32 CHAPTER 2. DAY 2
In this animation, Mach bands exaggerate the contrast between edges of the slightly differing shades of gray, as soon as they come in contact with one-another. prolonged indistinct afterimages), akinetopsia, visual snow, micropsia, macropsia, teleopsia, pelopsia, Alice in Won- derland syndrome, metamorphopsia, dyschromatopsia, intense glare, blue field entoptic phenomenon, and purkinje trees. These symptoms may indicate an underlying disease state and necessitate seeing a medical practitioner. Etiologies associated with pathological visual illusions include multiple types of ocular disease, migraines, hallucinogen per- sisting perception disorder, head trauma, and prescription drugs. If a medical work-up does not reveal a cause of the pathological visual illusions, the idiopathic visual disturbances could be analogous to the altered excitability state seen in visual aura with no migraine headache. If the visual illusions are diffuse and persistent, they often affect the patient’s quality of life. These symptoms are often refractory to treatment and may be caused by any of the aforementioned etiologes, but are often idiopathic. There is no standard treatment for these visual disturbances.
2.4.2 Cognitive illusions
Cognitive illusions are assumed to arise by interaction with assumptions about the world, leading to “unconscious inferences”, an idea first suggested in the 19th century by the German physicist and physician Hermann Helmholtz.[7] Cognitive illusions are commonly divided into ambiguous illusions, distorting illusions, paradox illusions, or fiction illusions.
1. Ambiguous illusions are pictures or objects that elicit a perceptual “switch” between the alternative interpre- tations. The Necker cube is a well-known example; another instance is the Rubin vase. 2. Distorting or geometrical-optical illusions are characterized by distortions of size, length, position or curvature. A striking example is the Café wall illusion. Other examples are the famous Müller-Lyer illusion and Ponzo illusion. 3. Paradox illusions are generated by objects that are paradoxical or impossible, such as the Penrose triangle or impossible staircase seen, for example, in M.C. Escher's Ascending and Descending and Waterfall. The triangle is an illusion dependent on a cognitive misunderstanding that adjacent edges must join. 4. Fictions are when a figure is perceived even though it is not in the stimulus. 2.4. OPTICAL ILLUSION 33
2.4.3 Explanation of cognitive illusions
Perceptual organization
Reversible figures and vase, or the figure-ground illusion
To make sense of the world it is necessary to organize incoming sensations into information which is meaningful. Gestalt psychologists believe one way this is done is by perceiving individual sensory stimuli as a meaningful whole.[8] Gestalt organization can be used to explain many illusions including the rabbit–duck illusion where the image as a whole switches back and forth from being a duck then being a rabbit and why in the figure–ground illusion the figure and ground are reversible. In addition, Gestalt theory can be used to explain the illusory contours in the Kanizsa’s Triangle. A floating white triangle, which does not exist, is seen. The brain has a need to see familiar simple objects and has a tendency to create a “whole” image from individual elements.[8] Gestalt means “form” or “shape” in German. However, another explanation of the Kanizsa’s Triangle is based in evolutionary psychology and the fact that in order to survive it was important to see form and edges. The use of perceptual organization to create meaning out of stimuli is the principle behind other well-known illusions including impossible objects. Our brain makes sense of shapes and symbols putting them together like a jigsaw puzzle, formulating that which isn't there to that which is believable. The Gestalt principles of perception govern the way we group different objects. Good form is where the perceptual system tries to fill in the blanks in order to see simple objects rather than complex objects. Continuity is where the perceptual system tries to disambiguate which segments fit together into continuous lines. Proximity is where objects that are close together are associated. Similarity is where objects that are similar are seen as associated. Some of these elements have been successfully incorporated into quantitative models involving optimal estimation or Bayesian inference. [9][10] The double-anchoring theory, a popular but recent theory of cognitive illusions, states that any region belongs to a framework of Gestalt principles and within each framework, is independently anchored a highest surrounding bright- ness and highest brightness. A spot’s lightness is determined by using the average of values of brightness in each framework.[11] 34 CHAPTER 2. DAY 2
Rabbit–duck illusion
Depth and motion perception
Illusions can be based on an individual’s ability to see in three dimensions even though the image hitting the retina is only two dimensional. The Ponzo illusion is an example of an illusion which uses monocular cues of depth perception to fool the eye. But even with two dimensional images, the brain exaggerates vertical distances when compared with horizontal distances, as in the vertical-horizontal illusion where the two lines are exactly the same length. In the Ponzo illusion the converging parallel lines tell the brain that the image higher in the visual field is farther away therefore the brain perceives the image to be larger, although the two images hitting the retina are the same size. The optical illusion seen in a diorama/false perspective also exploits assumptions based on monocular cues of depth perception. The M.C. Escher painting Waterfall exploits rules of depth and proximity and our understanding of the physical world to create an illusion. Like depth perception, motion perception is responsible for a number of sensory illusions. Film animation is based on the illusion that the brain perceives a series of slightly varied images produced in rapid succession as a moving picture. Likewise, when we are moving, as we would be while riding in a vehicle, stable surrounding objects may appear to move. We may also perceive a large object, like an airplane, to move more slowly than smaller objects, like a car, although the larger object is actually moving faster. The phi phenomenon is yet another example of how the brain perceives motion, which is most often created by blinking lights in close succession. The ambiguity of direction of motion due to lack of visual references for depth is shown in the spinning dancer illusion. The spinning dancer appears to be moving clockwise or counterclockwise depending on spontaneous activity in the brain where perception is subjective. Recent studies show on the fMRI that there are spontaneous fluctuations in cortical activity while watching this illusion, particularly the parietal lobe, because it is involved in perceiving movement.[12]
Color and brightness constancies
Perceptual constancies are sources of illusions. Color constancy and brightness constancy are responsible for the fact that a familiar object will appear the same color regardless of the amount of light or color of light reflecting from it. An illusion of color or contrast difference can be created when the luminosity or color of the area surrounding an unfamiliar object is changed. The contrast of the object will appear darker against a black field that reflects less light compared to a white field even though the object itself did not change in color. Similarly, the eye will compensate 2.4. OPTICAL ILLUSION 35
Kanizsa’s Triangle for color contrast depending on the color cast of the surrounding area. In addition to the Gestalt principles of perception, water-color illusions contribute to the formation of optical illusions. Water-color illusions consist of object-hole effects and coloration. Object-hole effects occur when boundaries are prominent where there is a figure and background with a hole that is 3D volumetric in appearance. Coloration consists of an assimilation of color radiating from a thin-colored edge lining a darker chromatic contour. The water-color illusion describes how the human mind perceives the wholeness of an object such as top-down processing. Thus, contextual factors play into perceiving the brightness of an object.[13]
Object
Just as it perceives color and brightness constancies, the brain has the ability to understand familiar objects as having a consistent shape or size. For example, a door is perceived as rectangle regardless of how the image may change on the retina as the door is opened and closed. Unfamiliar objects, however, do not always follow the rules of shape constancy and may change when the perspective is changed. The Shepard illusion of the changing table[14] is an example of an illusion based on distortions in shape constancy. 36 CHAPTER 2. DAY 2
The vertical–horizontal illusion where the vertical line is thought to be longer than the horizontal
Ponzo illusion
Future perception
Researcher Mark Changizi of Rensselaer Polytechnic Institute in New York has a more imaginative take on optical illusions, saying that they are due to a neural lag which most humans experience while awake. When light hits the retina, about one-tenth of a second goes by before the brain translates the signal into a visual perception of the world. Scientists have known of the lag, yet they have debated how humans compensate, with some proposing that our motor system somehow modifies our movements to offset the delay. 2.4. OPTICAL ILLUSION 37
Simultaneous Contrast Illusion. The background is a color gradient and progresses from dark grey to light grey. The horizontal bar appears to progress from light grey to dark grey, but is in fact just one colour.
Changizi asserts that the human visual system has evolved to compensate for neural delays by generating images of what will occur one-tenth of a second into the future. This foresight enables humans to react to events in the present, enabling humans to perform reflexive acts like catching a fly ball and to maneuver smoothly through a crowd.[15] Illusions occur when our brains attempt to perceive the future, and those perceptions don't match reality. For example, an illusion called the Hering illusion looks like bicycle spokes around a central point, with vertical lines on either side of this central, so-called vanishing point. The illusion tricks us into thinking we are moving forward, and thus, switches on our future-seeing abilities. Since we aren't actually moving and the figure is static, we misperceive the straight lines as curved ones. Changizi said:
Evolution has seen to it that geometric drawings like this elicit in us premonitions of the near future. The converging lines toward a vanishing point (the spokes) are cues that trick our brains into thinking we are moving forward—as we would in the real world, where the door frame (a pair of vertical lines) seems to bow out as we move through it—and we try to perceive what that world will look like in the next instant.[15]
2.4.4 Illusions
There are a variety of different types of optical illusions. Many are included in the following list. Main article: List of optical illusions 38 CHAPTER 2. DAY 2
2.4.5 In art
Artists who have worked with optical illusions include M. C. Escher, Bridget Riley, Salvador Dalí, Giuseppe Arcim- boldo, Patrick Bokanowski, Marcel Duchamp, Jasper Johns, Oscar Reutersvärd, Victor Vasarely and Charles Allan Gilbert. Contemporary artists who have experimented with illusions include Jonty Hurwitz, Sandro del Prete, Octavio Ocampo, Dick Termes, Shigeo Fukuda, Patrick Hughes, István Orosz, Rob Gonsalves, Gianni A. Sarcone, Ben Heine and Akiyoshi Kitaoka. Optical illusion is also used in film by the technique of forced perspective. Op art is a style of art that uses optical illusions to create an impression of movement, or hidden images and patterns. Trompe-l'œil uses realistic imagery to create the optical illusion that depicted objects exist in three dimensions.
2.4.6 Cognitive processes hypothesis
The hypothesis claims that visual illusions occur because the neural circuitry in our visual system evolves, by neural learning, to a system that makes very efficient interpretations of usual 3D scenes based in the emergence of simplified models in our brain that speed up the interpretation process but give rise to optical illusions in unusual situations. In this sense, the cognitive processes hypothesis can be considered a framework for an understanding of optical illusions as the signature of the empirical statistical way vision has evolved to solve the inverse problem.[16] Research indicates that 3D vision capabilities emerge and are learned jointly with the planning of movements. After a long process of learning, an internal representation of the world emerges that is well-adjusted to the perceived data coming from closer objects. The representation of distant objects near the horizon is less “adequate”. In fact, it is not only the Moon that seems larger when we perceive it near the horizon. In a photo of a distant scene, all distant objects are perceived as smaller than when we observe them directly using our vision. The retinal image is the main source driving vision but what we see is a “virtual” 3D representation of the scene in front of us. We don't see a physical image of the world; we see objects, and the physical world is not itself separated into objects. We see it according to the way our brain organizes it. The names, colours, usual shapes and other information about the things we see pop up instantaneously from our neural circuitry and influence the representation of the scene. We “see” the most relevant information about the elements of the best 3D image that our neural networks can produce. The illusions arise when the “judgments” implied in the unconscious analysis of the scene are in conflict with reasoned considerations about it.
2.4.7 Gallery
Some images need to be viewed in full resolution to see their effect.
• Motion aftereffect: this video produces a distortion illusion when the viewer looks away after watching it.
• Ebbinghaus illusion: the orange circle on the left appears smaller than that on the right, but they are in fact the same size. 2.4. OPTICAL ILLUSION 39
• Café wall illusion: the parallel horizontal lines in this image appear sloped.
• Checker version: the diagonal checker squares at the larger grid points make the grid appear distorted.
• Lilac chaser: if the viewer focuses on the black cross in the center, the location of the disappearing dot appears green.
• Motion illusion: contrasting colors create the illusion of motion.
• Watercolor illusion: this shape’s yellow and blue border create the illusion of the object being pale yellow rather than white[17]
• Subjective cyan filter, left: subjectively constructed cyan square filter above blue circles, right: small cyan circles inhibit filter construction[18][19]
• Pinna’s illusory intertwining effect[20] and Pinna illusion (scholarpedia).[21](The picture shows squares spiralling in, although they are arranged in concentric circles.) 40 CHAPTER 2. DAY 2
• Optical illusion disc which is spun displaying the illusion of motion of a man bowing and a woman curtsying to each other in a circle at the outer edge of the disc, 1833
• A hybrid image constructed from low-frequency components of a photograph of Marilyn Mon- roe (left inset) and high-frequency components of a photograph of Albert Einstein (right inset). The Einstein image is clearer in the full image.
• An ancient Roman geometric mosaic. The cubic texture induces a Necker-cube-like optical illusion.
• a set of colorful spinning disks that create illusion. The disks appear to move back- wards and forwards in different regions.
• The two circles seem to move when the viewer’s head is moving forwards and back- wards while looking at the black dot.[22]
• The Spinning Dancer appears to move both clockwise and counter-clockwise
2.4.8 See also
• Auditory illusion 2.4. OPTICAL ILLUSION 41
• Barberpole illusion (Barber’s pole) • Camouflage • Chronostasis (stopped-clock illusion) • Closed-eye hallucination/visualization • Contingent perceptual aftereffect • Contour rivalry • Emmert’s law • Entoptic phenomenon • Flashed Face Distortion Effect • Gravity hill • Human reactions to infrasound • Hidden faces • Hybrid image • Illusion • Infinity edge pool • Kinetic depth effect • Mirage • Multistable Perception • Necker cube • Silencing • Troxler’s fading • Visual space • The dress • Watercolour illusion
2.4.9 Notes
[1] Pisters, Patricia (2011). The Neuro-Image: A Deleuzian Film-Philosophy of Digital Screen Culture, p.80. Stanford. ISBN 978-0-8047-8284-5.
[2] “After Images”. worqx.com.
[3] Pinel, J. (2005) Biopsychology (6th ed.). Boston: Allyn & Bacon. ISBN 0-205-42651-4
[4] Howe, Catherine Q.; Yang, Zhiyong; Purves, Dale (2005). “The Poggendorff illusion explained by natural scene geometry”. PNAS. 102 (21): 7707–7712. doi:10.1073/pnas.0502893102.
[5] Pelak, Victoria. “Approach to the patient with visual hallucinations”. www.uptodate.com. Retrieved 2014-08-25.
[6] Gersztenkorn, D; Lee, AG (Jul 2, 2014). “Palinopsia revamped: A systematic review of the literature.”. Survey of oph- thalmology. 60: 1–35. doi:10.1016/j.survophthal.2014.06.003. PMID 25113609.
[7] David Eagleman (April 2012). Incogito: The Secret Lives of the Brain. Vintage Books. pp. 33–. ISBN 978-0-307-38992-3. Retrieved 14 August 2013.
[8] Myers, D. (2003). Psychology in Modules, (7th ed.) New York: Worth. ISBN 0-7167-5850-4 42 CHAPTER 2. DAY 2
[9] Yoon Mo Jung and Jackie (Jianhong) Shen (2008), J. Visual Comm. Image Representation, 19(1):42-55, First-order modeling and stability analysis of illusory contours.
[10] Yoon Mo Jung and Jackie (Jianhong) Shen (2014), arXiv:1406.1265, Illusory shapes via phase transition.
[11] Bressan, P (2006). “The Place of White in a World of Grays: A Double-Anchoring Theory of Lightness Perception”. Psychological Review. 113 (3): 526–553. doi:10.1037/0033-295x.113.3.526.
[12] Bernal, B., Guillen, M., & Marquez, J. (2014). The spinning dancer illusion and spontaneous brain fluctuations: An fMRI study. Neurocase (Psychology Press), 20(6), 627-639.
[13] Tanca, M.; Grossberg, S.; Pinna, B. (2010). “Probing Perceptual Antinomies with the Watercolor Illusion and Explain- ing How the Brain Resolves Them”. Seeing & Perceiving. 23 (4): 295–333. doi:10.1163/187847510x532685. PMID 21466146.
[14] Bach, Michael (16 August 2004 (last update 2010-01-04)). “Shepard’s “Turning the Tables"". http://www.michaelbach. de/ot/index.html 86 Optical Illusions & Visual Phenomena. Michael Bach. Archived from the original on 27 January 2010. Retrieved 27 January 2010. Check date values in: |date= (help); External link in |work= (help)
[15] Key to All Optical Illusions Discovered, Jeanna Bryner, Senior Writer, LiveScience.com 6/2/08. His research on this topic is detailed in the May/June 2008 issue of the journal Cognitive Science.
[16] Gregory, Richard L. “Knowledge in perception and illusion” (PDF).
[17] Bangio Pinna; Gavin Brelstaff; Lothar Spillman (2001). “Surface color from boundaries: a new watercolor illusion”. Vision Research. 41 (20): 2669–2676. doi:10.1016/s0042-6989(01)00105-5. PMID 11520512.
[18] Hoffmann, Donald D. (1998). Visual Intelligence. How we create what we see. Norton., p.174
[19] Stephen Grossberg; Baingio Pinna (2012). “Neural Dynamics of Gestalt Principles of Perceptual Organization: From Grouping to Shape and Meaning” (PDF). Gestalt Theory. 34 (3+4): 399–482.
[20] Pinna, B., Gregory, R.L. (2002). “Shifts of Edges and Deformations of Patterns”. Perception. 31 (12): 1503–1508. doi:10.1068/p3112pp. PMID 12916675.
[21] “Pinna illusion”. scholarpedia.org.
[22] Baingio Pinna; Gavin J. Brelstaff (2000). “A new visual illusion of relative motion” (PDF). Vision Research. 40 (16): 2091–2096. doi:10.1016/S0042-6989(00)00072-9. PMID 10878270.
2.4.10 Further reading
• Purves, Dale; et al. “Visual illusions:An Empirical Explanation”. Scholarpedia. 3 (6): 3706. doi:10.4249/scholarpedia.3706.
2.4.11 References
• Changizi, Mark A.; Hsieh, Andrew; Nijhawan, Romi; Kanai, Ryota; Shimojo, Shinsuke (2008). “Perceiving the Present and a Systematization of Illusions” (PDF). Cognitive Science. 32 (3): 459–503. doi:10.1080/03640210802035191. • Eagleman, D. M. (2001). “Visual Illusions and Neurobiology” (PDF). Nature Reviews Neuroscience. 2 (12): 920–6. doi:10.1038/35104092. PMID 11733799. • Richard, Gregory (1997). “Knowledge in perception and illusion” (PDF). Phil. Trans. R. Soc. Lond. B. 352: 1121–1128. • Purves, D., Lotto, B. (2002) Why We See What We Do: An Empirical Theory of Vision. Sunderland, MA: Sinauer Associates. • Purves, D.; Lotto, R.B.; Nundy, S. (2002). “Why We See What We Do”. American Scientist. 90 (3): 236–242. • Purves, D.; Williams, M. S.; Nundy, S.; Lotto, R. B. (2004). “Perceiving the intensity of light”. Psychological Rev. 111: 142–158. doi:10.1037/0033-295x.111.1.142. • Renier, L.; Laloyaux, C.; Collignon, O.; Tranduy, D.; Vanlierde, A.; Bruyer, R.; De Volder, A. G. (2005). “The Ponzo illusion using auditory substitution of vision in sighted and early blind subjects”. Perception. 34 (7): 857–867. doi:10.1068/p5219. PMID 16124271. 2.4. OPTICAL ILLUSION 43
• Renier, L.; Bruyer, R.; De Volder, A. G. (2006). “Vertical-horizontal illusion present for sighted but not early blind humans using auditory substitution of vision”. Perception & Psychophysics. 68: 535–542. doi:10.3758/bf03208756. • Yang, Z.; Purves, D. (2003). “A statistical explanation of visual space”. Nature Neuroscience. 6: 632–640. doi:10.1038/nn1059. • Dixon, E.; Shapiro, A.; Lu, Z. (2014). “Scale-Invariance in brightness illusions implicates object-level visual processing”. Scientific Reports. 4. doi:10.1038/srep03900. PMC 3905277 . PMID 24473496.
2.4.12 External links
• Optical illusions and perception paradoxes by Archimedes Lab • Optical Illusions Categorized by Just-Riddles.net
• Project LITE Atlas of Visual Phenomena • Autokinetic optical illusions, on Smithsonian Magazine
• Akiyoshi’s illusion pages Professor Akiyoshi KITAOKA’s anomalous motion illusions • Spiral Or Not? by Enrique Zeleny, Wolfram Demonstrations Project
• Still images that move by Op Artist Gianni A. Sarcone Chapter 3
Day 3
3.1 Moral rights
For inalienable rights not contingent upon the laws, customs, or beliefs of a particular society or polity, see natural rights.
Moral rights are rights of creators of copyrighted works generally recognized in civil law jurisdictions and, to a lesser extent, in some common law jurisdictions. They include the right of attribution, the right to have a work published anonymously or pseudonymously, and the right to the integrity of the work.[1] The preserving of the integrity of the work bars the work from alteration, distortion, or mutilation. Anything else that may detract from the artist’s relationship with the work even after it leaves the artist’s possession or ownership may bring these moral rights into play. Moral rights are distinct from any economic rights tied to copyrights. Even if an artist has assigned his or her copyright rights to a work to a third party, he or she still maintains the moral rights to the work.[2] Moral rights were first recognized in France and Germany,[3] before they were included in the Berne Convention for the Protection of Literary and Artistic Works in 1928.[4]:37 Canada recognizes moral rights (droits moraux) in its Copyright Act (Loi sur le droit d'auteur).[5] The United States became a signatory to the convention in 1989,[6] and incorporated a version of moral rights under its copyright law under Title 17 of the U.S. Code. Some jurisdictions allow for the waiver of moral rights.[4]:44-45 In the United States, the Visual Artists Rights Act of 1990 (VARA) recognizes moral rights, but applies only to a narrow subset of works of visual art.[7] Some jurisdictions like Austria differentiate between narrow and wide moral rights. Whilst the former is about integrity of the work, the latter limits usages, which may harm the author’s integrity. Some copyright timestamp services allow to publish (not) allowed usage intentions of the author to prevent a violation of such wider moral rights.[8]
3.1.1 Berne Convention
Article 6bis of the Berne Convention protects attribution and integrity, stating:
Independent of the author’s economic rights, and even after the transfer of the said rights, the author shall have the right to claim authorship of the work and to object to any distortion, modification of, or other derogatory action in relation to the said work, which would be prejudicial to the author’s honor or reputation.[9]
3.1.2 Worldwide situation
Table
Legend:
44 3.1. MORAL RIGHTS 45
• ∞: infinity (to identify perpetual moral rights, though countries and areas may have different wordings in their laws and regulations) • = economic rights: equal to or same as economic rights
This list is incomplete; you can help by expanding it.
In Europe
In most of Europe, it is not possible for authors to assign or even waive their moral rights. This is following a tradition in European copyright itself, which is not regarded as an item of property which can be sold, but only licensed. Parties certainly can agree not to enforce them (and such terms are very common in contracts in Europe). There may also be a requirement for the author to 'assert' these moral rights before they can be enforced. In many books, for example, this is done on a page near the beginning, in and amongst the British Library/Library of Congress data.[11]
In Canada
Main article: Moral rights in Canadian copyright law
Section 14.1 of Canada’s Copyright Act protects the moral rights of authors.[12] The moral rights cannot be assigned, but can be waived contractually. Many publishing contracts in Canada now contain a standard moral right waiver. Moral rights in Canada were famously exercised in the case of Snow v. The Eaton Centre Ltd.[13] In this case Toronto Eaton Centre, a large shopping mall, had commissioned the artist Michael Snow for a sculpture of Canada Geese. Snow successfully stopped Eaton’s from decorating the geese with bows at Christmas.
In China
Article 20 of the Copyright Law of the People’s Republic of China (1990) provides unlimited term of protection of the rights of authorship, alteration, and integrity of an author. As Article 55 of the same Law provides retroactive protection of unexpired term on the date of entry into force of this Law, the Chinese perpetual moral rights are retroactive as well. The 2001 version retains this provision and the original Article 55 becomes Article 59.
In Ghana
Art. 18, Copyright Act, 2005 provides perpetual moral rights. The moral rights in Art. 6 are for proper attribution and against any distortion, mutilation or other modification of the work where that act would be or is prejudicial to the reputation of the author or where the work is discredited by the act.
In Hong Kong
Moral Rights is specified under Copyright Ordinance (Chapter 528) Division IV, starting from section 89.[14] Author of computer program does not have Moral Rights (section 91). Moral Rights cannot be transferred unless on the death of moral rights holder (section 105 and 106).
In Macao
Article 41 of the Decree-Law_n.o_43/99/M provides inalienable, unrenounceable and imprescriptible author’s per- sonal rights.
In Taiwan
In Taiwan, the Copyright Act has provided authors’ perpetual moral rights with regard of attribution and protection against alteration in bad faith, even if the works are in the public domain, as follows: 46 CHAPTER 3. DAY 3
• Article 25 of the Copyright Act 1928
• Article 21 of the Copyright Act 1944
• Article 21 of the Copyright Act 1948, unchanged from the 1944 Act (The effective jurisdiction of the Republic of China became limited to Taiwan Area in 1949.)
• Article 21 of the Copyright Act 1964, unchanged from the 1948 Act
• Article 26 of the Copyright Act 1985
• Article 26 of the Copyright Act 1990, unchanged from the 1985 Act
• Section 3, Articles 15-21 of the Copyright Act 1992, with the Article unchanged in the subsequent versions of the Copyright Act
In the United States
Moral rights[15] have had a less robust tradition in the United States. Copyright law in the United States emphasizes protection of financial reward over protection of creative attribution.[4]:xiii The exclusive rights tradition in the United States is inconsistent with the notion of moral rights as it was constituted in the Civil Code tradition stemming from post-Revolutionary France. When the United States acceded to the Berne Convention, it stipulated that the Convention’s “moral rights” provisions were addressed sufficiently by other statutes, such as laws covering slander and libel.[4]:30 Some individual states have moral rights laws, particularly pertaining to visual art and artists (See, e.g. California Art Preservation Act, Artists Authorship Rights Act (New York)). However it is unclear if these laws, or portions thereof, are preempted by federal laws, such as the Visual Artists Rights Act. The Monty Python comedy troupe made a claim of “mutilation” (akin to a moral rights claim) in 1975 in legal proceedings against American TV network ABC for airing re-edited versions of Monty Python’s Flying Circus.[16] However, the case was primarily decided on the basis of whether the BBC was licensed in such a way as to allow ABC to edit the videos (paragraph 20). Main article: Gilliam v. American Broadcasting.
Visual Artists Rights Act The Visual Artists Rights Act of 1990 (VARA) recognizes moral rights, but only as they apply to listed works of visual art. The VARA is part of the U.S. Copyright Code (Title 17 of the United States Code). VARA was ruled to not protect against disparaging Internet uses of listed works of visual art in Neeley v NameMedia inc et al., in docket 267[17] of (5:09-cv-05151)(11-2558) VARA gives qualifying authors the following rights:
• right to claim authorship
• right to prevent the use of one’s name on any work the author did not create
• right to prevent use of one’s name on any work that has been distorted, mutilated, or modified in a way that would be prejudicial to the author’s honor or reputation
• right to prevent distortion, mutilation, or modification that would prejudice the author’s honor or reputation
• right to prevent the destruction of a work of art if it is of “recognized stature”[18]
These rights, however, are limited by fair use, per 17 U.S. Code § 106A.
Adaptation right Copyright holders have the right to control adaptations, or the preparation of "derivative works". This right is given under copyright law. See 17 U.S.C. § 106.
Lanham Act Section 43 of the Lanham Act governs false and misleading advertising, and can apply in some instances to attribution of protected works. However, it cannot be used to create moral rights for works outside of the Act. See Dastar v. Twentieth Century Fox. 3.1. MORAL RIGHTS 47
Courtesy of non-attribution Authors may choose to use a pseudonym to disclaim authorship of a particular work. One such pseudonym was Alan Smithee, a name used between 1968 and 1999 by discontented Hollywood film directors who no longer wanted to be credited. In case the work is unfinished, the use of a pseudonym may be considered an approval from the original author so the copyright owner could do whatever it takes to finish and market the unwanted work. The director of Highlander II, Russell Mulcahy, wanted his name removed after the completion bond company took over film production, but he was contractually obliged not to impugn the film and he was told that using a pseudonym would impugn it.
3.1.3 See also
• Personality rights
3.1.4 References
[1] “moral, adj.”. OED Online. September 2011. Oxford University Press. 25 October 2011. [2] Sundara Rajan, Mira T. (2006). Copyright and Creative Freedom: A Study of Post-Socialist Law Reform. Routledge Studies in International Law. Taylor & Francis. p. 41-42. ISBN 978-0-20396-776-8. [3] Rigamonti, Cyrill P. (Summer 2006). “Deconstructing Moral Rights”. Harvard International Law Journal. 47 (2): 353- 412. [4] Kwall, Roberta Rosenthal (2010) The Soul of Creativity: Forging a Moral Rights Law for the United States, Stanford Uni- versity Press ISBN 978-0-80475-643-3 [5] Copyright Act (R.S.C., 1985, c. C-42) [6] Countries [7] Gassaway, Laura (December 2002) “Copyright and moral rights”, Information Outlook, Vol. 6, No. 12, p. 40 (Copyright Corner) [8] RegisteredCommons.org FAQ [9] , Berne Convention for the Protection of Literary and Artistic Works, September 9, 1886, art. 6bis, S. Treaty Doc. No. 27, 99th Cong., 2d Sess. 41 (1986). [10] s. 195AM(1) provides: “An author’s right of integrity of authorship in respect of a cinematograph film continues in force until the author dies.” [11] Hoppe-Jänisch, Daniel (19 May 2015), IP Assignment Clauses in International Employment Contracts, London: Lexology, p. 9, retrieved 3 Aug 2015, European copyright systems provide for a stronger connection between the copyright and the author of the protected work. This makes sense if one considers that even though the German Urheberrecht or the French droit d’auteur are often translated as copyright, the literal translation is author’s right. It comprises not only proprietary rights but also moral rights. In many European jurisdictions, only the proprietary rights are assignable; in others, copyrights, including the proprietary rights, cannot be assigned at all but authors may only grant others a license to exploit the protected work. Moral rights are usually not assignable and can be waived only to a limited extent. [12] Copyright Act (R.S.C., 1985, c. C-42) [13] Snow v. The Eaton Centre Ltd. (1982) 70 C.P.R. (2d) 105 [14] Please visit Hongkong legislation website for specified ordinance sections [15] “United States Copyright Office”. [16] Monty Python, v. American Broadcasting Companies, Inc., 538 F.2d 14 (2d Cir 1976) [17] Neeley v NameMedia inc et al., Dkt.267 [18] Gassaway, Laura (December 2002) “Copyright and moral rights”, Information Outlook, Vol. 6, No. 12 , pp. 40-41 (Copyright Corner)
General
• Works related to Convention for the Protection of Literary and Artistic Works/Articles 1 to 21#Article 6bis at Wikisource 48 CHAPTER 3. DAY 3
3.1.5 Further reading
• Peter E. Berlowe, Laura J. Berlowe-Heinish, and Peter A. Koziol, “In this Digital Age, Are We Protecting Tomorrow’s 'Masterpieces’? Protection of the Moral Rights of the Digital Graphic Artist”, 81 Fla. Bar J. 30 (2007) • Laura Gassaway, “Copyright and moral rights” (Copyright Corner) Information Outlook, Vol. 6, No. 12 (De- cember 2002), pp. 40–41. • Patrick Masiyakurima, “The Trouble with Moral Rights”, The Modern Law Review (May 2005), 68 (3), pp. 411–434 • Cyrill P. Rigamonti, “Deconstructing Moral Rights”, 47 Harv. Int'l L.J. 353 (2006) (PDF)
• Cyrill P. Rigamonti, “The Conceptual Transformation of Moral Rights”, 55 American Journal of Comparative Law 67 (2007)
• Mira T. Sundara Rajan, /1/Moral%20Rights%20and%20Copyright%20Harmonisation%20-%20Prospects%20for%20an%20'International%20Moral%20Right'.pdf “Moral Rights and Copyright Harmonisation - Prospects for an 'International Moral Right'", British and Irish Law Conference, 2002, Free University, Amsterdam Chapter 4
Day 4
4.1 Personality rights
The right of publicity, often called personality rights, is the right of an individual to control the commercial use of his or her name, image, likeness, or other unequivocal aspects of one’s identity. It is generally considered a property right as opposed to a personal right, and as such, the validity of the right of publicity can survive the death of the individual (to varying degrees depending on the jurisdiction).
4.1.1 Classification
Personality rights are generally considered to consist of two types of rights: the right of publicity, or to keep one’s image and likeness from being commercially exploited without permission or contractual compensation, which is similar to the use of a trademark; and the right to privacy, or the right to be left alone and not have one’s personality represented publicly without permission. In common law jurisdictions, publicity rights fall into the realm of the tort of passing off. United States jurisprudence has substantially extended this right. A commonly cited justification for this doctrine, from a policy standpoint, is the notion of natural rights and the idea that every individual should have a right to control how, if at all, his or her “persona” is commercialized by third parties. Usually, the motivation to engage in such commercialization is to help propel sales or visibility for a product or service, which usually amounts to some form of commercial speech (which in turn receives the lowest level of judicial scrutiny). If an individual violates this right they will have to through a lawsuit.
4.1.2 Civil law and common law jurisdictions
In contrast with common law jurisdictions, most civil law jurisdictions have specific civil code provisions that protect an individual’s image, personal data and other generally private information. Exceptions have been carved out of these general, broad privacy rights when dealing with news and public figures. Thus, while it may violate an ordinary citizen’s privacy to speak about their medical records, one is generally allowed to report on more intimate details in the lives of celebrities and politicians. Unlike most common law jurisdictions the personality rights in civil law are generally inheritable, thus one can make a claim against someone who invades the privacy of a deceased relative if the memory of their character is besmirched by such publication. Personality rights have developed out of common law concepts of property, trespass and intentional tort. Thus person- ality rights are, generally speaking, judge-made law, though there are jurisdictions where some aspects of personality rights are statutory. In some jurisdictions, publicity rights and privacy rights are not clearly distinguished, and the term publicity right is generally used. In a publicity rights case the issue to decide is whether a significant section of the public would be misled into believing (incorrectly) that a commercial arrangement had been concluded between a plaintiff and a defendant under which the plaintiff agreed to the advertising involving the image or reputation of a famous person. The actionable misrepresentation requires a suggestion that the plaintiff has endorsed or licensed the defendant’s products, or somehow can exercise control over those products. This is done by way of the tort of passing off.
49 50 CHAPTER 4. DAY 4
Legal systems of the world: civil law in blue, common law in red.
Common law Mixed systems using elements of common law Civil, customary and/or religious law (see map above)
The meaning of the law is best illustrated by principal cases on the subject.
4.1.3 Country specific jurisdictions
Australia
The Henderson case[1] was a decision of the Supreme Court of New South Wales (both the first instance and appellate jurisdiction). The plaintiffs were ballroom dancers and they sued the defendant in passing off alleging it wrongfully published their photograph on the cover of a gramophone record entitled “Strictly for Dancing: Vol. 1”. An injunction was granted on the ground that the use suggested the plaintiffs recommended or approved of the defendant’s goods, or had some connection with the goods. However, in the 1988 case of Honey v Australian Airlines,[2] Gary Honey, a well known Australian athlete failed in 4.1. PERSONALITY RIGHTS 51 his attempt to get a damages award after Australian Airlines used a photograph of him in action on a poster without his permission. The judge held, in essence, that the poster depicted excellence in general rather than a particular person.
Canada
Statutory protection The provinces of British Columbia, Manitoba, Newfoundland and Labrador and Saskatchewan have enacted privacy legislation dealing with personality rights, which have the following traits:[3]
1. An appropriation of personality can be achieved through the use of a person’s name, likeness, or voice (but British Columbia has a more restrictive definition).
2. The plaintiff must be identified or identifiable by the use made of his persona.
3. An action for the appropriation of personality can only succeed where the defendant intended to commit the wrong (but British Columbia has no “intention” requirement).
4. The defendant’s use of the plaintiff’s persona must have resulted in a gain or advantage for the defendant (but British Columbia has a more restrictive definition, relating only to commercial gain).
5. An appropriation of personality is actionable without proof of damages.
6. The right of action for appropriation of personality is extinguished upon the death of the person whose privacy was violated.
7. The following constitute statutory defences in all four provinces: (i) that the plaintiff consented to the use of his persona; (ii) that the use of the plaintiff’s persona was incidental to the exercise of a lawful right of defence of person or property; (iii) that the use was authorized or required under a provincial law or by a court, or any process of a court; and (iv) that the act was that of a peace officer acting in the course of his or her duties. The Manitoba Act provides additional defences.
Common law provinces Canadian common law recognizes a limited right to personality. It was first acknowledged in the 1971 Ontario decision of Krouse v. Chrysler Canada Ltd., where the Court held that where a person has marketable value in their likeness and it has been used in a manner that suggests an endorsement of a product then there is grounds for an action in appropriation of personality. This right was later expanded upon in Athans v. Canadian Adventure Camps (1977) where the Court held that the personality right included both image and name. In Gould Estate v. Stoddart Publishing Co. Ltd. (1998), the Ontario Court of Appeal concluded that simply writing about somebody, even for the purpose of generating a profit, does not constitute appropriation of personality. The general tort of appropriation of personality is still in development, but it is currently being argued that it will be recognized in all common law provinces,[4] with certain characteristics:[5]
1. Athans confirms that there is “a proprietary right in the exclusive marketing for gain of his personality, image and name...”
2. There is always a requirement that the plaintiff be identifiable.
3. An action for appropriation of personality will have to be intentional for a plaintiff to recover at common law.
4. There is a requirement that the defendant must have acted for the purpose of commercial gain, but Gould suggests that this may be restricted to “endorsement-type situations”.
5. It is a matter of uncertainty whether the common law tort of appropriation of personality is actionable per se or whether damages must be shown.
6. Privacy rights are extinguished upon death, but personality rights are inheritable.
7. A defendant will not be liable for an appropriation of personality at common law where: (i) he has consented to the use of his persona; (ii) the use made of his personality rights was merely incidental to another purpose; or (iii) the publication constituted a matter of public interest. 52 CHAPTER 4. DAY 4
Quebec In 1994, the new Civil Code of Quebec introduced new provisions that enshrine the right to privacy as an attribute of personality:[6] In Aubry v Éditions Vice-Versa Inc, the Supreme Court of Canada also affirmed that under Quebec’s Charter of Human Rights and Freedoms privacy provisions, a photographer can take photographs in public places but may not publish the picture unless permission has been obtained from the subject, except where the subject appears in an incidental manner, or whose professional success depends on public opinion.[7] The relevant provisions of the Charter are: Therefore, the following general characteristics may be drawn:[8]
1. An appropriation of personality can be realized through the use of a person’s name, likeness, or voice.
2. The plaintiff must be recognizable in order an appropriation of personality to be actionable.
3. There is no need for the courts to look for an element of intent.
4. Distinctions based on commercial purposes are irrelevant, and inconsistent with s 9.1 of the Quebec Charter.
5. The plaintiff is required to show that she suffered damage through the appropriation of her personality rights.
6. Quebec law may allow an action to be taken by the estate of a deceased person, provided that it can be proved that there is a patrimonial aspect at stake.
7. A defendant will not be liable for an appropriation of personality under Quebec law where: (i) the plaintiff expressly or impliedly consented to the appropriation of his personality; (ii) the use of the individual’s persona is incidental to another purpose; (iii) the appropriation of personality is authorized by law; or (iv) the publication is a matter of public interest.
Cyprus
In Cyprus, people depicted in photographs can oppose their use in advertisements and their publication in magazines, even if it was taken in a public place.[9]
Denmark
In Denmark, the Danish Penal Code chapters 26 and 27, provides certain personality rights. The governmental Danish Data Protection Agency, has made a declaration regarding publication on the Internet of pictures taken of persons in a public area:[10]
The predominant point of reference, is that any publication of a portrait photograph requires consent [of the person depicted]. The reasoning for this, is that such a publication might provide the depicted person with discomfort, possibly with other information such as name, of the publication for all with access to the internet, and the considerations of this discomfort is judged as more important than a possible interest in publication.
A portrait photograph is defined as a photograph, with the purpose of depicting one or more specific person(s). The personality rights however may be contracted for persons who are generally accepted as public persons.
France
In France personality rights are protected under article 9 of the French civil code. While publicly known facts and images of public figures are not generally protected, use of someone’s image or personal history has been held actionable under French law. The most famous case in recent history is perhaps the publication of the book on François Mitterrand called Le Grand Secret[11] in which Mitterrand’s doctor published a book that not only revealed private facts about Mr. Mitterrand’s life, but also revealed medical confidences protected by doctor–patient privilege. 4.1. PERSONALITY RIGHTS 53
Germany
In Germany personality rights are protected under the German civil code, where the concept of an “absolute person of contemporary history” allows the depiction of individuals who are part of history but still gives them some protection of their rights of privacy outside the public sphere. A succinct statement of the German law can be found in the following judicial statement from the Marlene Dietrich case:
Greece
The relevant Greek laws include 57 AK and 2472/1997. As regarding photography:
• Taking a picture of a person in a public space: Requires consent. Taking a photo or video of someone or drawing them in a painting constitutes an illegal act by itself according to Article 57 of the Greek Civil Code (57 ΑΚ, 57 Αστικός Κώδικας) even without any publication of the resulting photo, video or drawing. The law assumes that consent has been provided silently if the depicted person has been paid for the photography session. The law also provides some exceptions for persons of contemporary history.[13] Furthermore, the law 2472/1997 also applies in many circumstances, even in photographing political rallies in public places or in photographing the police; Greece also requires photographers to obtain a government permit before photographing people participating in political protests in public places.[14]
• Publishing pictures of a person in a public space: Requires consent.[13] The publication of photographs of identifiable police officers beating civilians in public places may be against the law 2472/1997 and as such these images should be turned to the authorities for review.[14]
• Commercial use of a published picture of a person in a public space: Requires consent.[13]
Guernsey
The relevant Guernsey law was enacted on 3 December 2012 under the name of Image Rights Bailiwick of Guernsey Ordinance 2012 and allows for the registration of a personality right, together with images associated with that personality. Images are widely defined and can be any number of personal attributes, such as likeness, mannerisms, gestures, voice, nickname etc. Personalities able to register fall into 5 categories, namely sole, joint, group, legal and fictional character. In addition, humans can be registered up to 100 years after the date of death, making the law very favourable for estate managers and trustees.
Hong Kong
In Hong Kong, the main case on this point relates to Cantopop singer/actor Andy Lau and Hang Seng Bank over the allegedly unauthorized use of Lau’s image on credit cards,[15] which has led to the observation that only limited personality rights exist in this jurisdiction.[16]
Jamaica
In a 1994 case involving the estate of Bob Marley, the Supreme Court of Jamaica acknowledged a property right of personality which survived his death.[17]
Korea
While personality rights are said to exist to some extent by a Korean attorney,[18] cases filed to enforce such rights against shopping malls have been unsuccessful. [19] [20] 54 CHAPTER 4. DAY 4
People’s Republic of China
In the People’s Republic of China, rights of personality are established by statute. According to article 99 and 100 of the General Principle of Civil Law of the People’s Republic of China, the right of name and the right of image are protected. It is prohibited to use another’s image for commercial use without that person’s consent. In the new Tort Liabilities Law, the right of privacy is mentioned for the first time in the legislation.
South Africa
In South Africa personality rights are protected under the South African law of delict and the Bill of Rights, which also provides for freedom of expression and freedom of association.[21] After much uncertainty concerning the recognition of image rights in South Africa, the Supreme Court of Appeal provided clarity in the landmark case of Grütter v Lombard.[22][23] In South Africa, a person’s right to identity is violated if the attributes of that person is used without permission in a way which cannot be reconciled with the true image of that person.[24] Apart from the unauthorized use of a person’s image, this kind of infringement also entails some kind of misrepresentation concerning the individual, such as that the individual approves or endorses a particular product or service or that an attorney is a partner in a firm, while this is not the case. Secondly, the right to identity is violated if the attributes of a person is used without authorization by another person for commercial gain.[25][26] Apart from the unauthorized use of the individual’s image, such use also primarily entails a commercial motive which is exclusively aimed at promoting a service or product or to solicit clients or customers. The mere fact that the user may benefit or profit from any product or service in respect of which the individual’s attributes have incidentally been used, is not in itself sufficient. This violation of the right to identity therefore also entails unauthorized use of the individual’s attributes with a commercial purpose, whether it is done by means of advertisement or the manufacture and distribution of merchandise covered with the attributes of the individual. Personality rights are not absolute and it goes without saying that the use of a person’s attributes must be unlawful before a plaintiff will succeed with any claim. With the use of a person’s image, the personality rights, privacy, human dignity and freedom of association of the individual must often be weighed against the user’s right to freedom of expression. The use of a person’s image can be justified on the grounds of consent, truth and public interest, fair comment and jest.[27]
Spain
According to the agency (Spanish) Data Protection for the collection and dissemination on Internet of images of a person without their consent may be a serious breach of the Data Protection Act which would be punishable by a minimum fine of 60,000 euros. According to El Mundo Data Protection Agency decided to investigate ex officio by the mere distribution of the image of a person on the Internet without their consent.[28]
United States
In the United States, the right of publicity is a state law-based right, as opposed to federal, and recognition of the right can vary from state to state.[29] The rationale underlying the right of publicity in the United States is rooted in both privacy and economic exploitation.[30] The rights are based in tort law, and the four causes of action are: 1) Intrusion upon physical solitude; 2) public disclosure of private facts; 3) depiction in a false light; and 4) appropriation of name and likeness. Typically, but by no means exclusively, the right of publicity is manifest in advertising or merchandise. In states without a specific right of publicity statute, the right of publicity may still be recognized via common law. The right of publicity has evolved rapidly, with a history of reported cases in the United States and worldwide.[31] By the broadest definition, the right of publicity is the right of every individual to control any commercial use of his or her name, image, likeness, or some other identifying aspect of identity, limited (under U.S. law) by the First Amendment. The right of publicity can be referred to as publicity rights or even personality rights. The term “right of publicity” was coined by Judge Jerome Frank in 1953.[32] The extent of recognition of this right in the U.S. is largely driven by statute or case law. Because the right of publicity is primarily governed by state (as opposed to federal) law, the degree of recognition of the right of publicity varies significantly from one state to the next. The Lanham Act governs federal protection of personality rights, and the doc- trine has much in common with the laws defining federal protection of trademarks.[33] In fact, an individual’s identity could be considered their personal “mark”, the misappropriation of which is sufficient to constitute infringement. In addition, both trademark and publicity rights appear to be designed somewhat to combat infringement for the sake of consumers, granting a cause of action for false descriptions, false representations, and false endorsement claims. 4.1. PERSONALITY RIGHTS 55
Just as there is a cause of action for implying a certain brand sponsors a product when it really does not, there is a cause an action if a celebrity’s identity is used to imply endorsement for a product they are not, in actuality, affiliated with. Courts will typically consider eight factors when weighing a false endorsement claim, in order to determine the likelihood of consumer confusion:
1. the strength of his mark.
2. the degree of similarity between the two marks.
3. the proximity of the products/services.
4. the likelihood that the prior owner will bridge the gap.
5. actual confusion.
6. the defendant’s good faith in adopting its own mark.
7. the quality of the defendant’s product.
8. the sophistication of the buyers.
These eight factors have their origins in the case Polaroid Corp. v. Polarad Elect. Corp.,[34] but are similarly used by courts to analyze false endorsement claims by celebrities.[35] Indiana is believed to have the most far-reaching right of publicity statutes in the world, providing recognition of the right for 100 years after death, and protecting not only the usual “name, image and likeness,” but also signature, photograph, gestures, distinctive appearances, and mannerisms. There are other notable characteristics of the Indiana law, though most of the major movement in right of publicity emanates from New York and California, with a significant body of case law which suggest two potentially contradictory positions with respect to recognition of the right of publicity. Some states recognize the right through statute and some others through common law. California has both statutory and common-law strains of authority protecting slightly different forms of the right. The right of publicity is a property right, rather than a tort, and so the right may be transferable to the person’s heirs after their death. The Celebrities Rights Act was passed in California in 1985 and it extended the personality rights for a celebrity to 70 years after their death. Previously, the 1979 Lugosi v. Universal Pictures decision by the California Supreme Court held that Bela Lugosi's personality rights could not pass to his heirs.[36][37]
• In 1977, in the case of Zacchini v. Scripps-Howard Broadcasting Co., the U.S. Supreme Court held that the First Amendment did not immunize a television station from liability for broadcasting Hugo Zacchini's human cannonball act without his consent. This was the first, and so far the only, U.S. Supreme Court ruling on rights of publicity.
• In September 2002, Tom Cruise and Nicole Kidman sued luxury cosmetics company Sephora for allegedly using a picture of them without permission in a brochure promoting perfumes.[38]
• In October 1990, actor Crispin Glover filed a lawsut against Universal Studios for both the unauthorized use of his likeness and the use of footage of him from the first film in Back to the Future Part II; his permission had not been sought for the latter and he received no payment. After a motion to dismiss was overruled, the case was settled for an undisclosed amount. The Screen Actors Guild changed its rules to prohibit its members from unauthorized mimicking of other SAG members.
• A recent example is John Dillinger's rights of publicity, as seen in Phillips v. Scalf, a 2003 Indiana Court of Appeals case.[39] The operators of Dillinger’s restaurant are alleged to have violated the right of publicity of Jeffrey G. Scalf, the grandnephew of the 1930s gangster and bank robber John Dillinger, in using without authorization Dillinger’s name, image, and likeness in connection with the restaurant. In a later case, a U.S. district court ruled in 2011 that Indiana’s publicity rights statute did not protect people who died before the law’s enactment in 1994.[40]
• In March 2003, eight members of the cast of The Sopranos alleged that electronics retailer Best Buy used their images in newspaper ads without permission.[41] 56 CHAPTER 4. DAY 4
• In the July 2003 case of ETW Corp. v. Jireh Publishing, however, a painting of the golfer Tiger Woods and others is protected by the US Constitution's First Amendment and treads neither on the golfer’s trademarks nor publicity rights. Similarly in the July 2003 case of Johnny and Edgar Winter v. DC Comics, a depiction of blues music duo the Winter brothers in a comic book as worms called the Autumn Brothers obtained First Amend- ment protection from publicity rights suit. In May 2005, Toney v. Oreal USA Inc. clarified the distinction between the purview of copyright versus the nature of publicity rights.[42]
• The 2006 New York County Supreme Court case Nussenzweig v. DiCorcia determined that personality rights do not trump legitimate First Amendment rights of artistic free expression.[43][lower-alpha 1] In March 2007, the decision was upheld by the New York Supreme Court, Appellate Division, and in November 2007, the New York Court of Appeals upheld all previous decisions based, in part, on “artistic expression”.[44]
• In 2008, a federal judge in California ruled that Marilyn Monroe's rights of publicity were not protectable in California. The court reasoned that since Monroe was domiciled in New York at the time of her death, and New York does not protect a celebrity’s deceased rights of publicity, her rights of publicity ended upon her death.[45]
• In the 2009 case of James “Jim” Brown v. Electronic Arts, Inc., the District Court of the Central District of California dismissed athlete Jim Brown's theory of false endorsement under the Lanham Act and determined that the First Amendment protects the unauthorized use of a trademark in an artistic work when the mark has artistic relevance to the work and does not explicitly mislead as to the source or content of the work. Applying this test, the court found a lack of implied endorsement and held that the First Amendment protected Electronic Arts in its use of a virtual football player that resembled Mr. Brown.[46]
U.S. states that recognize rights of publicity
• Alabama (common law)[47]
• California (statute and common law)[47][48] (see Celebrities Rights Act)
• Connecticut (common law)[47]
• Florida (statute)[49]
• Georgia (common law)[47]
• Hawaii (statute)[47][50]
• Idaho (common law)[51]
• Illinois (statute)[47][52]
• Indiana (statute)[47][53]
• Kentucky (statute and common law)[47]
• Massachusetts (statute)[47]
• Michigan (common law)[47]
• Minnesota (common law)[47]
• Missouri (common law)[47]
• Nebraska (statute)[47]
• Nevada (statute)[47]
• New Jersey (common law)[47]
• New York (statute)[47][54]
• Ohio (common law)[47]
• Oklahoma (statute)[47] 4.1. PERSONALITY RIGHTS 57
• Pennsylvania (common law)[47]
• Rhode Island (statute)[47]
• Tennessee (statute)[47]
• Texas (common law)[47]
• Utah (statute and common law)[47]
• Virginia (statute)[47]
• Washington (statute)[55]
• Wisconsin (statute and common law)[47][56]
4.1.4 See also
• Celebrities Rights Act
• Commons: personality rights, nonbinding essay for Wikimedia on editing and reuse of content
• Defamation
• Model release
• Moral rights
• Public records
• Reusing content outside Wikimedia
4.1.5 Notes
[1] In New York, the “Supreme Court” is a trial-level court, equivalent to what is called “Superior Court” in other states. The court equivalent to what most states call a “Supreme Court” is the New York Court of Appeals.
4.1.6 References
[1] Henderson v Radio Corp Pty Ltd, (1960) 60 SR(NSW) 576, [1969] RPC 218
[2] Re Gary Honey v Australian Airlines Limited and House of Tabor Inc [1989] FCA 177 (18 May 1989)
[3] Conroy 2012, pp. 4–7.
[4] Conroy 2012, p. 10.
[5] Conroy 2012, pp. 11–14.
[6] Art. 3 CCQ, Art. 36 CCQ
[7] Aubry v Éditions Vice-Versa Inc 1998 CanLII 817 at par. 55–59, [1998] 1 SCR 591 (9 April 1998)
[8] Conroy 2012, pp. 15–17.
[9] Γραφείο Επιτρόπου Προστασίας Δεδομένων Προσωπικού Χαρακτήρα - Αποφάσεις (in Greek). Dataprotection.gov.cy. Retrieved 2014-04-19.
[10] Datatilsynet: Billeder på internettet (in Danish)
[11] Gubler, Claude (2005). Le Grand Secret (in French). Éditions du Rocher. ISBN 978-2-26805384-4.
[12] Marlene Dietrich Case, BGH 1 ZR 49/97 (1 December 1999).
[13] http://greeklaws.com/pubs/uploads/2795.pdf 58 CHAPTER 4. DAY 4
[14] e-Lawyer. “E-Lawyer: Λήψη φωτογραφιών σε δημόσιες συναθροίσεις παρουσία αστυνομίας". Elawyer.blogspot.gr. Retrieved 2014-04-19. [15] Lau Tak Wah Andy v. Hang Seng Bank Limited, HCA 3968/1999 (29 April 1999); judgment text also available from HKLII [16] Peter K. Yu (2010). “No Personality Rights for Pop Stars in Hong Kong?". Drake University Law School Research Paper (12-04). Drake University Law School. SSRN 1672311 . [17] Robert Marley Foundation v Dino Michelle Ltd (1994), Supreme Court of Jamaica, No. CL R-115 of 1992 (unreported), noted in B. St. Michael Hylton; Peter Goldson (1996). “The New Tort of Appropriation of Personality: Protecting Bob Marley’s Face”. Cambridge Law Journal. Cambridge University Press. 55 (1): 56–64. doi:10.1017/s0008197300097737. JSTOR 4508169. [18] http://klawguru.com/2014/02/21/personality-rights-under-korean-law/ [19] http://www.kdramastars.com/articles/14310/20140115/personality-rights-song-seung-hun-wins-but-jang-dong-gun-loses-litigation-why. htm [20] http://www.ohkpop.com/208495/can-korean-stars-have-celebritys-personality-rights [21] Burchell, Jonathan (March 2009). “The Legal Protection of Privacy in South Africa: A Transplantable Hybrid” (PDF). Electronic Journal of Comparative Law. Archived (PDF) from the original on 7 December 2013. Retrieved 30 May 2014. [22] 2007 4 SA 89 (SCA). [23] Cornelius, Steve. “Image Rights in South Africa” 2008/3-4 International Sports Law Journal 71. [24] O'Keeffe v Argus Printing and Publishing Co Ltd 1954 3 SA 244 (C). [25] Wells v Atoll Media (Pty) Ltd and another (11961/2006) (2009) ZAWCHC 173. [26] Kumalo v Cycle Lab (Pty) Ltd (31871/2008) (2011) ZAGPJHC 56. [27] Cornelius, Steve. “Commercial Appropriation of a Person’s Image” 2011 Potchefstroom Electronic Law Journal 182. [28] Article by Paloma Días Sotero, El Mundo, p. 33, February 5, 2009. [29] “Statutes”. rightofpublicity.com. [30] Beebe, Barton; Cotter, Thomas; Lemley, Mark; Menell, Peter; Merges, Robert (2011). Trademarks, Unfair Competition, and Business Torts. Aspen Publishers. ISBN 978-0-73558877-6. [31] “Right of publicity informational resource website”. [32] Haelan Laboratories, Inc. v. Topps Chewing Gum, Inc., 202 F.2d 866 (2d Cir. 1953). [33] 15 U.S.C. § 1125 [34] Polaroid Corp. v. Polarad Elect. Corp., 287 F.2d 492 (2d Cir. 1961). [35] As seen in cases such as Waits v. Frito-Lay, Inc., 978 F.2d 1093 (9th Cir. 1992). or ETW Corp. v. Jireh Publishing, Inc., 332 F.3d 915 (6th Cir. 2003). [36] “Lugosi v. Universal Pictures, 603 P.2d 425 (Cal. 1979).”. FindLaw. Retrieved 2007-02-14. In this decision preceding (and precipitating) the Legislature’s enactment of Section 990, the California Supreme Court held that rights of publicity were not descendible in California. Bela Lugosi’s heirs, Hope Linninger Lugosi and Bela George Lugosi, sued to enjoin and recover profits from Universal Pictures for licensing Lugosi’s name and image on merchandise reprising Lugosi’s title role in the 1930 film, “Dracula.” The California Supreme Court faced the question whether Bela Lugosi’s film contracts with Universal included a grant of merchandising rights in his portrayal of Count Dracula, and the descendibility of any such rights. Adopting the opinion of Justice Roth for the Court of Appeal, Second Appellate District, the court held that the right to exploit one’s name and likeness is personal to the artist and must be exercised, if at all, by him during his lifetime. Lugosi, 603 P.2d at 431. [37] “Who Can Inherit Fame?". Time (magazine). July 7, 1980. Retrieved 2007-07-21. Ten years later, the son and the widow of Bela Lugosi, star of the Dracula films, tried to take this doctrine a step further. They argued that this right was essentially property and therefore should pass on to heirs. In a California suit, they asked the courts to stop Universal Pictures from merchandising 70 Dracula products, ranging from jigsaw puzzles to belt buckles, and sought compensation based on the profits. Citing the First Amendment, Universal replied that the design of merchandise is a form of free speech that should not be restrained by anyone’s heirs. Besides, said Universal’s lawyer, Robert Wilson, Lugosi “attained fame and fortune because the company made and distributed the movies he starred in.” After eleven years of wrangling, a trial judge decided in favor of the Lugosis, giving them $70,000 and barring Universal from merchandising Lugosi’s likeness. ... In December the California Supreme Court reversed the Lugosi decision. 4.1. PERSONALITY RIGHTS 59
[38] “Cruise and Kidman sue over ad”. BBC News. September 20, 2002. Retrieved June 19, 2012. Cruise and Kidman claim the unauthorised use of their image for the advert had made them ‘involuntary models without pay’. [...] They are seeking damages for violation of the Lanham Act, a US law designed to protect against trademark infringement and unfair competition such as false advertising. [39] Phillips v. Scalf, 778 N.E.2d 480 (Ind. App. 2002). [40] Dillinger LLC v. Electronic Arts Inc., 795 F.Supp.2d 829 (S.D. Ind. 2011) (“... the Court finds that the Indiana Supreme Court would agree with Shaw: Indiana’s right-of-publicity statute doesn’t apply to personalities who died before its enact- ment.”). [41] Bates, James (February 4, 2003). "'Sopranos’ Take Shot at Ad in Court”. Los Angeles Times. Retrieved June 19, 2012. [42] Toney v. Oreal USA Inc., 406 F.3d 905 (7th Cir. 2005). [43] Nussenzweig v. DiCorcia, 2006 NY Slip Op 50171(U) (N.Y.Sup. 2006). [44] Nussenzweig v. diCorcia, 2007 NY Int. 144 (N.Y. 2007). [45] “The New Grave Robbers”. New York Times. March 27, 2011. Retrieved 2011-03-28. In a case involving Marilyn Monroe, the California Legislature even created a retroactive right of publicity, establishing new private property interests in the identities of the long dead. (It didn’t work, because a court later found that Monroe was a resident of New York when she died. Her identity remains in the public domain.) [46] "James “Jim” Brown v. Electronic Arts, Inc. Court decision” (PDF). [47] Carpenter, Jennifer L. (2001). “Internet Publication: The Case for an Expanded Right of Publicity for Non-Celebrities”. Virginia Journal of Law and Technology. 6 (1): 1522–1687. [48] “Friedemann O'Brien Goldberg & Zarian Names Bela G. Lugosi Of Counsel”. Metropolitan News-Enterprise. Retrieved 2008-04-20. [T]he California Assembly passed a “Celebrities Rights Act” in 1985 which said that rights of publicity survive the celebrity’s death and descend to heirs by wills, among other means. [49] “Florida Laws: FL Statutes - Title XXXIII Regulation of Trade, Commerce, Investments, and Solicitations Section 540.08 Unauthorized publication of name or likeness”. Law.onecle.com. [50] Hawaii Revised Statute § 482P [51] Baker v. Burlington N., Inc., 587 P.2d 829, 832 (Idaho 1978) [52] See 765 ILCS 1075, the Illinois Right of Publicity Act, eff. 1-1-1999. 765 ILCS 1065 " Illinois Compiled Statutes” [53] “Indiana Code 32-36-1”. In.gov. Retrieved 2014-04-19. [54] N.Y. Civil Rights L. §§ 50, 51. Found at Ny State Assembly website statutes pages. Accessed June 20, 2011. [55] “Washington Statute 63.60. Personality Rights”. Rightofpublicity.com. 1998-01-01. Retrieved 2014-04-19. [56] “Wisconsin WI ST 895.50, W.S.A. 895.50 " Right of privacy"". Rightofpublicity.com. Retrieved 2014-04-19.
4.1.7 Works cited
• Conroy, Amy M. (2012). “Protecting Your Personality Rights in Canada: A Matter of Property or Privacy?". Western Journal of Legal Studies. University of Western Ontario. 1 (1).
4.1.8 Further reading
• Gert Brüggemeier; Aurelia Colombi Ciacchi; Patrick O'Callaghan (2010). Personality Rights in European Tort Law. Cambridge: Cambridge University Press. ISBN 978-0-52119491-4. • Cornelius, Steve. “Image Rights in South Africa” 2008/3-4 International Sports Law Journal 71. • Cornelius, Steve. “Commercial Appropriation of a Person’s Image” 2011 Potchefstroom Electronic Law Journal 182. • Cornelius, Steve. “Commercial Appropriation of Image: How Could Two Courts Get it so Wrong?" 2011/3-4 International Sports Law Journal 165. • Evans, David and Romer, Jason, A Guide to Guernsey Image Rights,[1] Oxford University Press 2013 60 CHAPTER 4. DAY 4
4.1.9 External links
• Harvard Law School primer on personality rights and copyright • Text of every individual state’s right of publicity statute in the U.S.
• US constitutional constraints on state right of publicity laws by Jerry Marr • Case of Princess Caroline of Monaco (1995) German Federal Supreme Court (English translation)
• Privacy rights cases under French law (English translation) • Privacy/personality rights under German law (English translation)
• Personality rights US Library of Congress • Das Recht am eigenen Bild, speech by G. Hug at a symposium in 2002 in Vitznau in Switzerland on personality rights in Switzerland regarding the publication of images of people. (In German.)
• Legal resource for personality rights cases in the U.S. • “Personality Rights in Canada: An Introduction”, School of Law, University of Ediburgh
• Personality Rights Database - Personality rights in Argentina, Australia, Canada, France, Germany, Mexico, South Africa, Spain, UK and USA
• Douglas v Hello! - An OK! result, Gillian Black (University of Edinburgh), SCRIPT-ed, June 2007 • Video Gamemaker’s Unauthorized Use of Jim Brown’s Likeness Protected by the First Amendment by Jack C. Schecter • Guernsey Image Rights - a practical guide
[1] Evans, David; Romer, Jason (2013-10-01). “A Guide to Guernsey image rights”. Journal of Intellectual Property Law & Practice. 8 (10): 761–763. doi:10.1093/jiplp/jpt153. ISSN 1747-1532. Chapter 5
Day 5
5.1 Copyright
“Copyrighting” and “Copyrights” redirect here. For the use of words to promote or advertise, see Copywriting. For the Wikipedia policy about copyright issues, see Wikipedia:Copyrights.
Copyright is a legal right created by the law of a country that grants the creator of an original work exclusive rights for its use and distribution. This is usually only for a limited time. The exclusive rights are not absolute but limited by limitations and exceptions to copyright law, including fair use. A major limitation on copyright is that copyright protects only the original expression of ideas, and not the underlying ideas themselves.[1][2] Copyright is a form of intellectual property, applicable to certain forms of creative work. Some, but not all jurisdic- tions require “fixing” copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders.[3][4][5][6] These rights frequently include reproduction, control over derivative works, distribution, public performance, and "moral rights" such as attribution.[7] Copyrights are considered territorial rights, which means that they do not extend beyond the territory of a specific jurisdiction. While many aspects of national copyright laws have been standardized through international copyright agreements, copyright laws vary by country.[8] Typically, the duration of a copyright spans the author’s life plus 50 to 100 years (that is, copyright typically expires 50 to 100 years after the author dies, depending on the jurisdiction). Some countries require certain copyright formalities to establishing copyright, but most recognize copyright in any completed work, without formal registration. Generally, copyright is enforced as a civil matter, though some jurisdictions do apply criminal sanctions. Most jurisdictions recognize copyright limitations, allowing “fair” exceptions to the creator’s exclusivity of copy- right and giving users certain rights. The development of digital media and computer network technologies have prompted reinterpretation of these exceptions, introduced new difficulties in enforcing copyright, and inspired addi- tional challenges to copyright law’s philosophic basis. Simultaneously, businesses with great economic dependence upon copyright, such as those in the music business, have advocated the extension and expansion of copyright and sought additional legal and technological enforcement.
5.1.1 History
Main article: History of copyright law
Background
Copyright came about with the invention of the printing press and with wider literacy. As a legal concept, its origins in Britain were from a reaction to printers’ monopolies at the beginning of the 18th century. Charles II of England was concerned by the unregulated copying of books and passed the Licensing of the Press Act 1662 by Act of
61 62 CHAPTER 5. DAY 5
Parliament,[9] which established a register of licensed books and required a copy to be deposited with the Stationers’ Company, essentially continuing the licensing of material that had long been in effect. Copyright laws allow products of creative human activities, such as literary and artistic production, to be preferentially exploited and thus incentivized. Different cultural attitudes, social organizations, economic models and legal frame- works are seen to account for why copyright emerged in Europe and not, for example, in Asia. In the Middle Ages in Europe, there was generally a lack of any concept of literary property due to the general relations of production, the specific organization of literary production and the role of culture in society. The latter refers to the tendency of oral societies, such as that of Europe in the medieval period, to view knowledge as the product and expression of the collective, rather than to see it as individual property. However, with copyright laws, intellectual production comes to be seen as a product of an individual, with attendant rights. The most significant point is that patent and copyright laws support the expansion of the range of creative human activities that can be commodified. This parallels the ways in which capitalism led to the commodification of many aspects of social life that earlier had no monetary or economic value per se.[10] Copyright has grown from a legal concept regulating copying rights in the publishing of books and maps to one with a significant effect on nearly every modern industry, covering such items as sound recordings, films, photographs, software, and architectural works.
National copyrights
See also: Statute of Anne and History of US Copyright Law Often seen as the first real copyright law, the 1709 British Statute of Anne gave the publishers rights for a fixed period, after which the copyright expired.[11] The act also alluded to individual rights of the artist. It began, “Whereas Printers, Booksellers, and other Persons, have of late frequently taken the Liberty of Printing... Books, and other Writings, without the Consent of the Authors... to their very great Detriment, and too often to the Ruin of them and their Families:".[12] A right to benefit financially from the work is articulated, and court rulings and legislation have recognized a right to control the work, such as ensuring that the integrity of it is preserved. An irrevocable right to be recognized as the work’s creator appears in some countries’ copyright laws. The Copyright Clause of the United States Constitution (1787) authorized copyright legislation: “To 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.” That is, by guaranteeing them a period of time in which they alone could profit from their works, they would be enabled and encouraged to invest the time required to create them, and this would be good for society as a whole. A right to profit from the work has been the philosophical underpinning for much legislation extending the duration of copyright, to the life of the creator and beyond, to their heirs. The original length of copyright in the United States was 14 years, and it had to be explicitly applied for. If the author wished, they could apply for a second 14‑year monopoly grant, but after that the work entered the public domain, so it could be used and built upon by others. Copyright law was enacted rather late in German states, and the historian Eckhard Höffner argues that the absence of copyright laws in the early 19th century encouraged publishing, was profitable for authors, led to a proliferation of books, enhanced knowledge, and was ultimately an important factor in the ascendency of Germany as a power during that century.[13]
International copyright treaties
See also: International copyright agreements and List of parties to international copyright agreements The 1886 Berne Convention first established recognition of copyrights among sovereign nations, rather than merely bilaterally. Under the Berne Convention, copyrights for creative works do not have to be asserted or declared, as they are automatically in force at creation: an author need not “register” or “apply for” a copyright in countries adhering to the Berne Convention.[14] As soon as a work is “fixed”, that is, written or recorded on some physical medium, its author is automatically entitled to all copyrights in the work, and to any derivative works unless and until the author explicitly disclaims them, or until the copyright expires. The Berne Convention also resulted in foreign authors being treated equivalently to domestic authors, in any country signed onto the Convention. The UK signed the Berne Convention in 1887 but did not implement large parts of it until 100 years later with the passage of the Copyright, Designs and Patents Act of 1988. Specially, for educational and scientific research purposes, the Berne Convention provides the developing countries issue compulsory licenses for the translation or reproduction of copyrighted works within the limits prescribed by the Convention. This was a special provision that had been added at the time of 1971 revision of 5.1. COPYRIGHT 63
the Convention, because of the strong demands of the developing countries.The United States did not sign the Berne Convention until 1989.[15] The United States and most Latin American countries instead entered into the Buenos Aires Convention in 1910, which required a copyright notice on the work (such as all rights reserved), and permitted signatory nations to limit the duration of copyrights to shorter and renewable terms.[16][17][18] The Universal Copyright Convention was drafted in 1952 as another less demanding alternative to the Berne Convention, and ratified by nations such as the Soviet Union and developing nations. The regulations of the Berne Convention are incorporated into the World Trade Organization's TRIPS agreement (1995), thus giving the Berne Convention effectively near-global application.[19] In 1961, the United International Bureaux for the Protection of Intellectual Property signed the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations. In 1996, this organization was succeeded by the founding of the World Intellectual Property Organization, which launched the 1996 WIPO Performances and Phonograms Treaty and the 2002 WIPO Copyright Treaty, which enacted greater restrictions on the use of technology to copy works in the nations that ratified it. The Trans-Pacific Partnership includes intellectual Property Provisions relating to copyright. Copyright laws are standardized somewhat through these international conventions such as the Berne Convention and Universal Copyright Convention. These multilateral treaties have been ratified by nearly all countries, and international organizations such as the European Union or World Trade Organization require their member states to comply with them.
5.1.2 Obtaining protection
Ownership
The original holder of the copyright may be the employer of the author rather than the author himself, if the work is a "work for hire".[20] For example, in English law the Copyright, Designs and Patents Act 1988 provides that if a copyrighted work is made by an employee in the course of that employment, the copyright is automatically owned by the employer which would be a “Work for Hire.”
Eligible works
Copyright may apply to a wide range of creative, intellectual, or artistic forms, or “works”. Specifics vary by jurisdiction, but these can include poems, theses, plays and other literary works, motion pictures, choreography, musical compositions, sound recordings, paintings, drawings, sculptures, photographs, computer software, radio and television broadcasts, and industrial designs. Graphic designs and industrial designs may have separate or overlapping laws applied to them in some jurisdictions.[21][22] Copyright does not cover ideas and information themselves, only the form or manner in which they are expressed.[23] For example, the copyright to a Mickey Mouse cartoon restricts others from making copies of the cartoon or cre- ating derivative works based on Disney’s particular anthropomorphic mouse, but does not prohibit the creation of other works about anthropomorphic mice in general, so long as they are different enough to not be judged copies of Disney’s.[23] Note additionally that Mickey Mouse is not copyrighted because characters cannot be copyrighted; rather, Steamboat Willie is copyrighted and Mickey Mouse, as a character in that copyrighted work, is afforded protection.
Originality
Main article: Threshold of originality
Typically, a work must meet minimal standards of originality in order to qualify for copyright, and the copyright expires after a set period of time (some jurisdictions may allow this to be extended). Different countries impose different tests, although generally the requirements are low; in the United Kingdom there has to be some “skill, labour, and judgment” that has gone into it.[24] In Australia and the United Kingdom it has been held that a single word is insufficient to comprise a copyright work. However, single words or a short string of words can sometimes be registered as a trademark instead. 64 CHAPTER 5. DAY 5
Copyright law recognizes the right of an author based on whether the work actually is an original creation, rather than based on whether it is unique; two authors may own copyright on two substantially identical works, if it is determined that the duplication was coincidental, and neither was copied from the other.
Registration
Main article: Copyright registration In all countries where the Berne Convention standards apply, copyright is automatic, and need not be obtained through official registration with any government office. Once an idea has been reduced to tangible form, for example by securing it in a fixed medium (such as a drawing, sheet music, photograph, a videotape, or a computer file), the copyright holder is entitled to enforce his or her exclusive rights.[14] However, while registration isn't needed to exercise copyright, in jurisdictions where the laws provide for registration, it serves as prima facie evidence of a valid copyright and enables the copyright holder to seek statutory damages and attorney’s fees.[25] (In the USA, registering after an infringement only enables one to receive actual damages and lost profits.) A widely circulated strategy to avoid the cost of copyright registration is referred to as the poor man’s copyright. It proposes that the creator send the work to himself in a sealed envelope by registered mail, using the postmark to establish the date. This technique has not been recognized in any published opinions of the United States courts. The United States Copyright Office says the technique is not a substitute for actual registration.[26] The United Kingdom Intellectual Property Office discusses the technique and notes that the technique (as well as commercial registries) does not constitute dispositive proof that the work is original nor who the creator of the work is.[27][28]
Fixing
The Berne Convention allows member countries to decide whether creative works must be “fixed” to enjoy copyright. Article 2, Section 2 of the Berne Convention states: “It shall be a matter for legislation in the countries of the Union to prescribe that works in general or any specified categories of works shall not be protected unless they have been fixed in some material form.” Some countries do not require that a work be produced in a particular form to obtain copyright protection. For instance, Spain, France, and Australia do not require fixation for copyright protection. The United States and Canada, on the other hand, require that most works must be “fixed in a tangible medium of expression” to obtain copyright protection.[29] U.S. law requires that the fixation be stable and permanent enough to be “perceived, reproduced or communicated for a period of more than transitory duration.” Similarly, Canadian courts consider fixation to require that the work be “expressed to some extent at least in some material form, capable of identification and having a more or less permanent endurance.”[29]
Copyright notice
Main article: Copyright notice Before 1989, United States law required the use of a copyright notice, consisting of the copyright symbol (©, the letter C inside a circle), the abbreviation “Copr.”, or the word “Copyright”, followed by the year of the first publication of the work and the name of the copyright holder.[30][31] Several years may be noted if the work has gone through substantial revisions. The proper copyright notice for sound recordings of musical or other audio works is a sound recording copyright symbol (℗, the letter P inside a circle), which indicates a sound recording copyright, with the letter P indicating a “phonorecord”. In addition, the phrase All rights reserved was once required to assert copyright, but that phrase is now legally obsolete. In 1989 the United States enacted the Berne Convention Implementation Act, amending the 1976 Copyright Act to conform to most of the provisions of the Berne Convention. As a result, the use of copyright notices has become optional to claim copyright, because the Berne Convention makes copyright automatic.[32] However, the lack of notice of copyright using these marks may have consequences in terms of reduced damages in an infringement lawsuit – using notices of this form may reduce the likelihood of a defense of “innocent infringement” being successful.[33]
5.1.3 Enforcement
Copyrights are generally enforced by the holder in a civil law court, but there are also criminal infringement statutes in some jurisdictions. While central registries are kept in some countries which aid in proving claims of ownership, registering does not necessarily prove ownership, nor does the fact of copying (even without permission) necessarily 5.1. COPYRIGHT 65 prove that copyright was infringed. Criminal sanctions are generally aimed at serious counterfeiting activity, but are now becoming more commonplace as copyright collectives such as the RIAA are increasingly targeting the file sharing home Internet user. Thus far, however, most such cases against file sharers have been settled out of court. (See: Legal aspects of file sharing) In most jurisdictions the copyright holder must bear the cost of enforcing copyright. This will usually involve engaging legal representation, administrative and or court costs. In light of this, many copyright disputes are settled by a direct approach to the infringing party in order to settle the dispute out of court.
Copyright infringement
Main article: Copyright infringement
For a work to be considered to infringe upon copyright, its use must have occurred in a nation that has domestic copyright laws and/or adheres to a bilateral treaty or established international convention such as the Berne Convention or WIPO Copyright Treaty. Improper use of materials outside of legislation is deemed “unauthorized edition”, not copyright infringement.[34] Copyright infringement most often occurs to software, film and music. However, infringement upon books and other text works remains common, especially for educational reasons. Statistics regarding the effects of copyright infringement are difficult to determine. Studies have attempted to determine whether there is a monetary loss for industries affected by copyright infringement by predicting what portion of pirated works would have been formally purchased if they had not been freely available.[35] Other reports indicate that copyright infringement does not have an adverse effect on the entertainment industry, and can have a positive effect.[36] In particular, a 2014 university study concluded that free music content, accessed on YouTube, does not necessarily hurt sales, instead has the potential to increase sales.[37]
5.1.4 Rights granted
Exclusive rights
Several exclusive rights typically attach to the holder of a copyright:
• to produce copies or reproductions of the work and to sell those copies (including, typically, electronic copies)
• to import or export the work
• to create derivative works (works that adapt the original work)
• to perform or display the work publicly
• to sell or cede these rights to others
• to transmit or display by radio or video.[38]
The phrase “exclusive right” means that only the copyright holder is free to exercise those rights, and others are prohibited from using the work without the holder’s permission. Copyright is sometimes called a “negative right”, as it serves to prohibit certain people (e.g., readers, viewers, or listeners, and primarily publishers and would be publishers) from doing something they would otherwise be able to do, rather than permitting people (e.g., authors) to do something they would otherwise be unable to do. In this way it is similar to the unregistered design right in English law and European law. The rights of the copyright holder also permit him/her to not use or exploit their copyright, for some or all of the term. There is, however, a critique which rejects this assertion as being based on a philosophical interpretation of copyright law that is not universally shared. There is also debate on whether copyright should be considered a property right or a moral right.[39] If a pictorial, graphic or sculptural work is a useful article, it is copyrighted only if its aesthetic features are separable from its utilitarian features. A useful article is an article having an intrinsic utilitarian function that is not merely to portray the appearance of the article or to convey information. They must be separable from the functional aspect to be copyrighted.[40] 66 CHAPTER 5. DAY 5
Duration
Main articles: Copyright term and List of countries’ copyright length Copyright subsists for a variety of lengths in different jurisdictions. The length of the term can depend on several factors, including the type of work (e.g. musical composition, novel), whether the work has been published, and whether the work was created by an individual or a corporation. In most of the world, the default length of copyright is the life of the author plus either 50 or 70 years. In the United States, the term for most existing works is a fixed number of years after the date of creation or publication. Under most countries’ laws (for example, the United States[41] and the United Kingdom[42]), copyrights expire at the end of the calendar year in question. The length and requirements for copyright duration are subject to change by legislation, and since the early 20th century there have been a number of adjustments made in various countries, which can make determining the duration of a given copyright somewhat difficult. For example, the United States used to require copyrights to be renewed after 28 years to stay in force, and formerly required a copyright notice upon first publication to gain coverage. In Italy and France, there were post-wartime extensions that could increase the term by approximately 6 years in Italy and up to about 14 in France. Many countries have extended the length of their copyright terms (sometimes retroactively). International treaties establish minimum terms for copyrights, but individual countries may enforce longer terms than those.[43] In the United States, all books and other works published before 1923 have expired copyrights and are in the public domain.[44] In addition, works published before 1964 that did not have their copyrights renewed 28 years after first publication year also are in the public domain. Hirtle points out that the great majority of these works (including 93% of the books) were not renewed after 28 years and are in the public domain.[45] Books originally published outside the US by non-Americans are exempt from this renewal requirement, if they are still under copyright in their home country. But if the intended exploitation of the work includes publication (or distribution of derivative work, such as a film based on a book protected by copyright) outside the U.S., the terms of copyright around the world must be considered. If the author has been dead more than 70 years, the work is in the public domain in most, but not all, countries. In 1998, the length of a copyright in the United States was increased by 20 years under the Copyright Term Extension Act. This legislation was strongly promoted by corporations which had valuable copyrights which otherwise would have expired, and has been the subject of substantial criticism on this point.[46]
5.1.5 Limitations and exceptions
Main articles: Limitations and exceptions to copyright and Traditional safety valves
In many jurisdictions, copyright law makes exceptions to these restrictions when the work is copied for the purpose of commentary or other related uses. It should be noted that US copyright does NOT cover names, title, short phrases or Listings (such as ingredients, recipes, labels, or formulas).[47] However, there are protections available for those areas copyright does not cover – such as trademarks and patents. There are some exceptions to what copyright will protect. Copyright will not protect:
• Names of products
• Names of businesses, organizations, or groups
• Pseudonyms of individuals
• Titles of works
• Catchwords, catchphrases, mottoes, slogans, or short advertising expressions
• Listings of ingredients in recipes, labels, and formulas, though the directions can be copyrighted
Idea–expression dichotomy and the merger doctrine
Main article: Idea–expression divide 5.1. COPYRIGHT 67
The idea–expression divide differentiates between ideas and expression, and states that copyright protects only the original expression of ideas, and not the ideas themselves. This principle, first clarified in the 1879 case of Baker v. Selden, has since been codified by the Copyright Act of 1976 at 17 U.S.C. § 102(b).
The first-sale doctrine and exhaustion of rights
Main articles: First-sale doctrine and Exhaustion of rights
Copyright law does not restrict the owner of a copy from reselling legitimately obtained copies of copyrighted works, provided that those copies were originally produced by or with the permission of the copyright holder. It is therefore legal, for example, to resell a copyrighted book or CD. In the United States this is known as the first-sale doctrine, and was established by the courts to clarify the legality of reselling books in second-hand bookstores. Some countries may have parallel importation restrictions that allow the copyright holder to control the aftermarket. This may mean for example that a copy of a book that does not infringe copyright in the country where it was printed does infringe copyright in a country into which it is imported for retailing. The first-sale doctrine is known as exhaustion of rights in other countries and is a principle which also applies, though somewhat differently, to patent and trademark rights. It is important to note that the first-sale doctrine permits the transfer of the particular legitimate copy involved. It does not permit making or distributing additional copies. In Kirtsaeng v. John Wiley & Sons, Inc.,[48] in 2013, the United States Supreme Court held in a 6-3 decision that the first-sale doctrine applies to goods manufactured abroad with the copyright owner’s permission and then imported into the US without such permission. The case involved a plaintiff who imported Asian editions of textbooks that had been manufactured abroad with the publisher-plaintiff’s permission. The defendant, without permission from the publisher, imported the textbooks and resold on eBay. The Supreme Court’s holding severely limits the ability of copyright holders to prevent such importation. In addition, copyright, in most cases, does not prohibit one from acts such as modifying, defacing, or destroying his or her own legitimately obtained copy of a copyrighted work, so long as duplication is not involved. However, in countries that implement moral rights, a copyright holder can in some cases successfully prevent the mutilation or destruction of a work that is publicly visible.
Fair use and fair dealing
Main articles: Fair use and Fair dealing
Copyright does not prohibit all copying or replication. In the United States, the fair use doctrine, codified by the Copyright Act of 1976 as 17 U.S.C. Section 107, permits some copying and distribution without permission of the copyright holder or payment to same. The statute does not clearly define fair use, but instead gives four non-exclusive factors to consider in a fair use analysis. Those factors are:
1. the purpose and character of one’s use 2. the nature of the copyrighted work 3. what amount and proportion of the whole work was taken, and 4. the effect of the use upon the potential market for or value of the copyrighted work.[49]
In the United Kingdom and many other Commonwealth countries, a similar notion of fair dealing was established by the courts or through legislation. The concept is sometimes not well defined; however in Canada, private copying for personal use has been expressly permitted by statute since 1999. In Alberta (Education) v. Canadian Copyright Licensing Agency (Access Copyright), 2012 SCC 37, the Supreme Court of Canada concluded that limited copying for educational purposes could also be justified under the fair dealing exemption. In Australia, the fair dealing exceptions under the Copyright Act 1968 (Cth) are a limited set of circumstances under which copyrighted material can be legally copied or adapted without the copyright holder’s consent. Fair dealing uses are research and study; review and critique; news reportage and the giving of professional advice (i.e. legal advice). Under current Australian law, although it is still a breach of copyright to copy, reproduce or adapt copyright material for personal or private use without permission from the copyright owner, owners of a legitimate copy are permitted to “format shift” that work from one medium 68 CHAPTER 5. DAY 5 to another for personal, private use, or to “time shift” a broadcast work for later, once and only once, viewing or listening. Other technical exemptions from infringement may also apply, such as the temporary reproduction of a work in machine readable form for a computer. In the United States the AHRA (Audio Home Recording Act Codified in Section 10, 1992) prohibits action against consumers making noncommercial recordings of music, in return for royalties on both media and devices plus manda- tory copy-control mechanisms on recorders.
Section 1008. Prohibition on certain infringement actions
No action may be brought under this title alleging infringement of copyright based on the manufacture, importation, or distribution of a digital audio recording device, a digital audio recording medium, an ana- log recording device, or an analog recording medium, or based on the noncommercial use by a consumer of such a device or medium for making digital musical recordings or analog musical recordings.
Later acts amended US Copyright law so that for certain purposes making 10 copies or more is construed to be com- mercial, but there is no general rule permitting such copying. Indeed, making one complete copy of a work, or in many cases using a portion of it, for commercial purposes will not be considered fair use. The Digital Millennium Copyright Act prohibits the manufacture, importation, or distribution of devices whose intended use, or only signifi- cant commercial use, is to bypass an access or copy control put in place by a copyright owner.[21] An appellate court has held that fair use is not a defense to engaging in such distribution. The copyright directive allows EU member states to implement a set of exceptions to copyright. Examples of those exceptions are:
• photographic reproductions on paper or any similar medium of works (excluding sheet music) provided that the rightholders receives fair compensation, • reproduction made by libraries, educational establishments, museums or archives, which are non-commercial • archival reproductions of broadcasts, • uses for the benefit of people with a disability, • for demonstration or repair of equipment, • for non-commercial research or private study • when used in parody
Accessible copies
It is legal in several countries including the United Kingdom and the United States to produce alternative versions (for example, in large print or braille) of a copyrighted work to provide improved access to a work for blind and visually impaired persons without permission from the copyright holder.[50][51]
5.1.6 Transfer, assignment and licensing
See also: Collective rights management, extended collective licensing, Compulsory license, and Copyright transfer agreement A copyright, or aspects of it (e.g. reproduction alone, all but moral rights), may be assigned or transferred from one party to another.[52] For example, a musician who records an album will often sign an agreement with a record company in which the musician agrees to transfer all copyright in the recordings in exchange for royalties and other considerations. The creator (and original copyright holder) benefits, or expects to, from production and marketing capabilities far beyond those of the author. In the digital age of music, music may be copied and distributed at minimal cost through the Internet; however, the record industry attempts to provide promotion and marketing for the artist and his or her work so it can reach a much larger audience. A copyright holder need not transfer all rights completely, though many publishers will insist. Some of the rights may be transferred, or else the copyright holder may grant another party a non-exclusive license to copy and/or distribute the work in a particular region or for a specified period of time. 5.1. COPYRIGHT 69
A transfer or licence may have to meet particular formal requirements in order to be effective,[53] for example under the Australian Copyright Act 1968 the copyright itself must be expressly transferred in writing. Under the U.S. Copyright Act, a transfer of ownership in copyright must be memorialized in a writing signed by the transferor. For that purpose, ownership in copyright includes exclusive licenses of rights. Thus exclusive licenses, to be effective, must be granted in a written instrument signed by the grantor. No special form of transfer or grant is required. A simple document that identifies the work involved and the rights being granted is sufficient. Non-exclusive grants (often called non-exclusive licenses) need not be in writing under U.S. law. They can be oral or even implied by the behavior of the parties. Transfers of copyright ownership, including exclusive licenses, may and should be recorded in the U.S. Copyright Office. (Information on recording transfers is available on the Office’s web site.) While recording is not required to make the grant effective, it offers important benefits, much like those obtained by recording a deed in a real estate transaction. Copyright may also be licensed.[52] Some jurisdictions may provide that certain classes of copyrighted works be made available under a prescribed statutory license (e.g. musical works in the United States used for radio broadcast or performance). This is also called a compulsory license, because under this scheme, anyone who wishes to copy a covered work does not need the permission of the copyright holder, but instead merely files the proper notice and pays a set fee established by statute (or by an agency decision under statutory guidance) for every copy made.[54] Failure to follow the proper procedures would place the copier at risk of an infringement suit. Because of the difficulty of following every individual work, copyright collectives or collecting societies and performing rights organizations (such as ASCAP, BMI, and SESAC) have been formed to collect royalties for hundreds (thousands and more) works at once. Though this market solution bypasses the statutory license, the availability of the statutory fee still helps dictate the price per work collective rights organizations charge, driving it down to what avoidance of procedural hassle would justify.
Free licences
Copyright licenses known as open or free licenses seek to grant several rights to licensees, either for a fee or not, to an effect inspired by the public domain. Free in this context isn't much of a reference to price as it is to freedom. What constitutes free licensing has been characterised in a number of similar definitions, including by order of longevity the Free Software Definition, the Debian Free Software Guidelines, the Open Source Definition and the Definition of Free Cultural Works. Further refinements to these licenses have resulted in categories such as copyleft and permissive. Common examples of free licences are the GNU General Public License, BSD licenses and some Creative Commons licenses. Founded in 2001 by James Boyle, Lawrence Lessig, and Hal Abelson, the Creative Commons (CC) is a non-profit organization[55] which aims to facilitate the legal sharing of creative works. To this end, the organization provides a number of generic copyright license options to the public, gratis. These licenses allow copyright holders to define conditions under which others may use a work and to specify what types of use are acceptable.[55] Terms of use have traditionally been negotiated on an individual basis between copyright holder and potential licensee. Therefore, a general CC license outlining which rights the copyright holder is willing to waive enables the general public to use such works more freely. Six general types of CC licenses are available (although some of them aren't properly free per the above definitions and per Creative Commons’ own advice). These are based upon copyright holder stipulations such as whether he or she is willing to allow modifications to the work, whether he or she permits the creation of derivative works and whether he or she is willing to permit commercial use of the work.[56] As of 2009 approximately 130 million individuals had received such licenses.[56]
5.1.7 Criticism
Some sources are critical of particular aspects of the copyright system. This is known as a debate over copynorms. Particularly on the internet, there is discussion about the copyright aspects of downloading and streaming, the copyright aspects of hyperlinking and framing. Such concerns are often couched in the language of digital rights and database rights. Discussions include Free Culture, a 2004 book by Lawrence Lessig. Lessig coined the term permission cul- ture to describe a worst-case system. Good Copy Bad Copy (documentary) and RiP!: A Remix Manifesto, discuss copyright. Some suggest an alternative compensation system. Some groups reject copyright altogether, taking an anti-copyright stance. The perceived inability to enforce copyright online leads some to advocate ignoring legal statutes when on the web. 70 CHAPTER 5. DAY 5
5.1.8 Public domain
Main article: Public domain
Copyright, like other intellectual property rights, is subject to a statutorily determined term. Once the term of a copyright has expired, the formerly copyrighted work enters the public domain and may be freely used or exploited by anyone. Courts in common law countries, such as the United States and the United Kingdom, have rejected the doctrine of a common law copyright. Public domain works should not be confused with works that are publicly available. Works posted in the internet, for example, are publicly available, but are not generally in the public domain. Copying such works may therefore violate the author’s copyright.
5.1.9 See also
• Adelphi Charter • Artificial scarcity • Conflict of laws • Copyright Alliance • Copyright in architecture in the United States • Copyright on the content of patents and in the context of patent prosecution • Copyright for Creativity • Copyright infringement of software • Copyright on religious works • Creative Barcode • Digital rights management • Digital watermarking • Entertainment law • Freedom of panorama • Intellectual property education • Intellectual property protection of typefaces • List of Copyright Acts • List of copyright case law • Model release • Paracopyright • Photography and the law • Pirate Party • Private copying levy • Production music • Rent-seeking • Reproduction fees • Samizdat • Software copyright • Threshold pledge system 5.1. COPYRIGHT 71
5.1.10 References
[1] Daniel A. Tysver. “Works Unprotected by Copyright Law”. Bitlaw.
[2] Lee A. Hollaar. “Legal Protection of Digital Information”. p. Chapter 1: An Overview of Copyright, Section II.E. Ideas Versus Expression.
[3] Copyright, University of California, 2014, retrieved 2014-12-15
[4] http://www.jetlaw.org/publish/journal-conventions/
[5] https://books.google.de/books?id=kz1F6uAHtaEC&pg=PA81&dq=%22rights+holder%22&hl=en&sa=X&ved=0ahUKEwiG4OnUo87RAhXqBcAKHQgZAD8Q6AEIHDAA# v=onepage&q=%22rights%20holder%22&f=false
[6] https://books.google.de/books?id=xD_iBwAAQBAJ&pg=PT465&dq=%22rights+holder%22&hl=en&sa=X&ved=0ahUKEwiG4OnUo87RAhXqBcAKHQgZAD8Q6AEIKDAC# v=onepage&q=%22rights%20holder%22&f=false
[7] 17 U.S.C. § 106, United States of America, 2011, retrieved 2014-12-15
[8] “International Copyright Law Survey”. Mincov Law Corporation.
[9] Copyright in Historical Perspective, p. 136-137, Patterson, 1968, Vanderbilt Univ. Press
[10] Bettig, Ronald V. (1996). Copyrighting Culture: The Political Economy of Intellectual Property. Westview Press. p. 9–17. ISBN 0-8133-1385-6.
[11] Ronan, Deazley (2006). Rethinking copyright: history, theory, language. Edward Elgar Publishing. p. 13. ISBN 978-1- 84542-282-0. Archived from the original on 19 November 2011.
[12] “Statute of Anne”. Copyrighthistory.com. Retrieved 2012-06-08.
[13] Frank Thadeusz (18 August 2010). “No Copyright Law: The Real Reason for Germany’s Industrial Expansion?". Der Spiegel. Retrieved 11 April 2015.
[14] “Berne Convention for the Protection of Literary and Artistic Works Article 5”. World Intellectual Property Organization. Retrieved 2011-11-18.
[15] Garfinkle, Ann M; Fries, Janet; Lopez, Daniel; Possessky, Laura (1997). “Art conservation and the legal obligation to preserve artistic intent”. JAIC 36 (2): 165–179.
[16] “International Copyright Relations of the United States”, U.S. Copyright Office Circular No. 38a, August 2003.
[17] Parties to the Geneva Act of the Universal Copyright Convention as of 2000-01-01: the dates given in the document are dates of ratification, not dates of coming into force. The Geneva Act came into force on 16 September 1955, for the first twelve to have ratified (which included four non-members of the Berne Union as required by Art. 9.1), or three months after ratification for other countries. Archived 25 June 2008 at the Wayback Machine.
[18] 165 Parties to the Berne Convention for the Protection of Literary and Artistic Works as of May 2012.
[19] MacQueen, Hector L; Charlotte Waelde; Graeme T Laurie (2007). Contemporary Intellectual Property: Law and Policy. Oxford University Press. p. 39. ISBN 978-0-19-926339-4.
[20] 17 U.S.C. § 201(b); Cmty. for Creative Non-Violence v. Reid, 490 U.S. 730 (1989)
[21] Peter K, Yu (2007). Intellectual Property and Information Wealth: Copyright and related rights. Greenwood Publishing Group. p. 346. ISBN 978-0-275-98883-8.
[22] World Intellectual Property Organization. “Understanding Copyright and Related Rights” (PDF). WIPO. p. 8. Retrieved 11 August 2016.
[23] Simon, Stokes (2001). Art and copyright. Hart Publishing. pp. 48–49. ISBN 978-1-84113-225-9.
[24] Express Newspaper Plc v News (UK) Plc, F.S.R. 36 (1991)
[25] “Subject Matter and Scope of Copyright” (PDF). copyright.gov. Retrieved 4 June 2015.
[26] “Copyright in General (FAQ)". U.S Copyright Office. Retrieved 11 Aug 2016.
[27] “Copyright Registers”, United Kingdom Intellectual Property Office
[28] “Automatic right”, United Kingdom Intellectual Property Office 72 CHAPTER 5. DAY 5
[29] See Harvard Law School, Module 3: The Scope of Copyright Law. See also Tyler T. Ochoa, Copyright, Derivative Works and Fixation: Is Galoob a Mirage, or Does the Form(GEN) of the Alleged Derivative Work Matter?, 20 Santa Clara High Tech. L.J. 991, 999–1002 (2003) (“Thus, both the text of the Act and its legislative history demonstrate that Congress intended that a derivative work does not need to be fixed in order to infringe.”). The legislative history of the 1976 Copyright Act says this difference was intended to address transitory works such as ballets, pantomimes, improvised performances, dumb shows, mime performances, and dancing.
[30] Copyright Act of 1976, Pub.L. 94–553, 90 Stat. 2541, § 401(a) (19 October 1976)
[31] The Berne Convention Implementation Act of 1988 (BCIA), Pub.L. 100–568, 102 Stat. 2853, 2857. One of the changes introduced by the BCIA was to section 401, which governs copyright notices on published copies, specifying that notices “may be placed on” such copies; prior to the BCIA, the statute read that notices “shall be placed on all” such copies. An analogous change was made in section 402, dealing with copyright notices on phonorecords.
[32] “U.S. Copyright Office – Information Circular” (PDF). Retrieved 2012-07-07.
[33] 17 U.S.C.§ 401(d)
[34] Owen, L. (2001). “Piracy”. Learned Publishing. 14: 67–70. doi:10.1087/09531510125100313.
[35] Butler, S. Piracy Losses “Billboard” 199(36)
[36] “Urheberrechtsverletzungen im Internet: Der bestehende rechtliche Rahmen genügt”. Ejpd.admin.ch.
[37] Tobias Kretschmer & Christian Peukert (2014). “Video Killed the Radio Star? Online Music Videos and Digital Music Sales”. Social Science Electronic Publishing. ISSN 2042-2695.
[38] Peter K, Yu (2007). Intellectual Property and Information Wealth: Copyright and related rights. Greenwood Publishing Group. p. 346. ISBN 978-0-275-98883-8.
[39] Tom G. Palmer, “Are Patents and Copyrights Morally Justified?" Accessed 5 February 2013.
[40] “U.S Copyright Office – Copyright Law: Chapter 1” (PDF). Retrieved 2012-06-27.
[41] 17 U.S.C. § 305
[42] The Duration of Copyright and Rights in Performances Regulations 1995, part II, Amendments of the UK Copyright, Designs and Patents Act 1988
[43] Nimmer, David (2003). Copyright: Sacred Text, Technology, and the DMCA. Kluwer Law International. p. 63. ISBN 978-90-411-8876-2. OCLC 50606064.
[44] "Copyright Term and the Public Domain in the United States.”, Cornell University.
[45] See Peter B. Hirtle, “Copyright Term and the Public Domain in the United States 1 January 2015” online at footnote 8
[46] Lawrence Lessig, Copyright’s First Amendment, 48 UCLA L. Rev. 1057, 1065 (2001)
[47] (2012) Copyright Protection Not Available for Names, Titles, or Short Phrases U.S. Copyright Office
[48] “John Wiley & Sons Inc. v. Kirtsaeng” (PDF).
[49] “US CODE: Title 17,107. Limitations on exclusive rights: Fair use”. .law.cornell.edu. 2009-05-20. Retrieved 2009-06-16.
[50] Copyright Law of the USA, Chapter 1 Section 121
[51] “Copyright (Visually Impaired Persons) Act 2002 comes into force”. Royal National Institute of Blind People. 1 January 2011. Retrieved 11 Aug 2016.
[52] WIPO Guide on the Licensing of Copyright and Related Rights. World Intellectual Property Organization. 2004. p. 15. ISBN 978-92-805-1271-7.
[53] WIPO Guide on the Licensing of Copyright and Related Rights. World Intellectual Property Organization. 2004. p. 8. ISBN 978-92-805-1271-7.
[54] WIPO Guide on the Licensing of Copyright and Related Rights. World Intellectual Property Organization. 2004. p. 16. ISBN 978-92-805-1271-7.
[55] “Creative Commons Website”. creativecommons.org. Retrieved 24 October 2011.
[56] Rubin, R. E. (2010) 'Foundations of Library and Information Science: Third Edition', Neal-Schuman Publishers, Inc., New York, p. 341 5.1. COPYRIGHT 73
5.1.11 Further reading
• Dowd, Raymond J. (2006). Copyright Litigation Handbook (1st ed.). Thomson West. ISBN 0-314-96279-4. • Ellis, Sara R. Copyrighting Couture: An Examination of Fashion Design Protection and Why the DPPA and IDPPPA are a Step Towards the Solution to Counterfeit Chic, 78 Tenn. L. Rev. 163 (2010), available at http: //ssrn.com/abstract=1735745. • Gantz, John; Rochester, Jack B. (2005). Pirates of the Digital Millennium. Financial Times Prentice Hall. ISBN 0-13-146315-2. • Ghosemajumder, Shuman. Advanced Peer-Based Technology Business Models. MIT Sloan School of Manage- ment, 2002. • Lehman, Bruce: Intellectual Property and the National Information Infrastructure (Report of the Working Group on Intellectual Property Rights, 1995) • Lindsey, Marc: Copyright Law on Campus. Washington State University Press, 2003. ISBN 978-0-87422- 264-7. • Mazzone, Jason. Copyfraud. SSRN • McDonagh, Luke. Is Creative use of Musical Works without a licence acceptable under Copyright? International Review of Intellectual Property and Competition Law (IIC) 4 (2012) 401-426, available at SSRN • Nimmer, Melville; David Nimmer (1997). Nimmer on Copyright. Matthew Bender. ISBN 0-8205-1465-9. • Patterson, Lyman Ray (1968). Copyright in Historical Perspective. Online Version. Vanderbilt University Press. ISBN 0-8265-1373-5. • Rife, by Martine Courant. Convention, Copyright, and Digital Writing (Southern Illinois University Press; 2013) 222 pages; Examines legal, pedagogical, and other aspects of online authorship. • Rosen, Ronald (2008). Music and Copyright. Oxford Oxfordshire: Oxford University Press. ISBN 0-19- 533836-7. • Shipley, David E. Thin But Not Anorexic: Copyright Protection for Compilations and Other Fact Works UGA Legal Studies Research Paper No. 08-001; Journal of Intellectual Property Law, Vol. 15, No. 1, 2007. • Silverthorne, Sean. Music Downloads: Pirates- or Customers?. Harvard Business School Working Knowledge, 2004. • Sorce Keller, Marcello. “Originality, Authenticity and Copyright”, Sonus, VII(2007), no. 2, pp. 77–85. • Steinberg, S.H.; Trevitt, John (1996). Five Hundred Years of Printing (4th ed.). London and New Castle: The British Library and Oak Knoll Press. ISBN 1-884718-19-1. • Story, Alan; Darch, Colin; Halbert, Deborah, eds. (2006). The Copy/South Dossier: Issues in the Economics, Politics and Ideology of Copyright in the Global South (PDF). Copy/South Research Group. ISBN 978-0- 9553140-1-8. • WhyNotAskMe.org: Organization demanding democratic participation in copyright legislation and a morato- rium on secret and fast-tracked copyright negotiations
5.1.12 External links
• Quotations related to Copyright at Wikiquote • Media related to Copyright at Wikimedia Commons • Copyright at DMOZ • Collection of laws for electronic access from WIPO – intellectual property laws of many countries • Compendium of Copyright Practices (3rd ed.) United States Copyright Office 74 CHAPTER 5. DAY 5
• Copyright from UCB Libraries GovPubs
• About Copyright at the UK Intellectual Property Office • A Bibliography on the Origins of Copyright and Droit d'Auteur
• 6.912 Introduction to Copyright Law taught by Keith Winstein, MIT OpenCourseWare January IAP 2006 • Copyright Berne Convention: Country List List of the 164 members of the Berne Convention for the protection of literary and artistic works • UK Copyright Law fact sheet (April 2000) a concise introduction to UK Copyright legislation
• IPR Toolkit – An Overview, Key Issues and Toolkit Elements (September 2009) by Professor Charles Oppen- heim and Naomi Korn at the Strategic Content Alliance
• MIT OpenCourseWare 6.912 Introduction to Copyright Law Free self-study course with video lectures as offered during the January 2006, Independent Activities Period (IAP) • Early Copyright Records From the Rare Book and Special Collections Division at the Library of Congress
• Copyright Law of the United States Documents, US Government 5.1. COPYRIGHT 75
The Statute of Anne (the Copyright Act 1709) came into force in 1710. 76 CHAPTER 5. DAY 5
The Pirate Publisher—An International Burlesque that has the Longest Run on Record, from Puck, 1886, satirizes the then-existing situation where a publisher could profit by simply stealing newly published works from one country, and publishing them in another, and vice versa. 5.1. COPYRIGHT 77
A copyright certificate for proof of the Fermat theorem, issued by the State Department of Intellectual Property of Ukraine. 78 CHAPTER 5. DAY 5
A copyright symbol used in copyright notice. 5.1. COPYRIGHT 79
110 1998 Act (Sonny Bono Act) 1976 Act 100 1962-74 Acts 90 1909 Act 80 1831 Act 70 1790 Act 60 50 40 30 20 10 0 Duration of Copyright Term (years) Duration of Copyright Term 1790 1800 1810 1820 1830 1840 1850 1860 1870 1880 1890 1900 1910 1920 1930 1940 1950 1960 1970 1980 1990 2000 2008 Year Copyright Term Began
Expansion of U.S. copyright law (currently based on the date of creation or publication).
DVD: All Rights Reserved. 80 CHAPTER 5. DAY 5
5.2 List of countries’ copyright lengths
Copyright is the right to copy and publish a particular work. The terms “copy” and “publish” are quite broad. They also cover copying in electronic form, the making of translated versions, the creation of a television program based on the work, and putting the work on the Internet. Copyright protection is automatic upon creation of the work. In some countries, registration with a Copyright Office has some benefits (like the ability to sue, or to receive more money in damages).
Life + 100 years Life + 99 years Life + 80 years Life + 75 years Life + 70 years Life + 60 years Life + 50 years Berne Convention (minimum: life + 50 years except photos) TRIPS (minimum: life + 50 years) Life + 30 years Life + 25 years Unknown
Worldwide map of copyright term length
This is a list of countries and their copyright terms, the lengths of their standard copyrights, in years. When a work’s copyright term ends, the work passes into the public domain. The list also includes entries for non-country entities: the European Union, Berne Convention, and the Universal Copyright Convention, which set minimum terms for their member states or signatories. The Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS), though not included, requires a copyright length of at least 50 years after death. The Berne Convention stipulates that the duration of the term for copyright protection is the life of the author plus at least 50 years after his death. For some categories of works, the minimum duration is shorter. For example, the minimum term for applied art is 25 years. Movies have a minimum term of 50 years. Countries are of course free to choose a longer term of protection. Most countries have done so. The member states of the European Union have, following an EC directive, increased the term to life of the author and 70 years after his death. Although this was not the original intention, this extension applies retroactively. Works that had ended up in the public domain because the author was dead for 50 years now received an additional twenty years of protection. Most European countries, on the other hand, follow the principle that copyright protection is granted automatically upon creation of the work. This principle was first laid down in the Berne Convention (1886). The Berne Convention specifically forbids (in article 5) that a member country can require any formality for getting copyright protection. In 1989, the Berne Convention became effective in the U.S., and from that moment on also U.S. authors automatically obtained copyright on their works. However, many U.S. texts on copyright still echo the old registration principle, which can be very confusing at times. To confuse matters even more, the requirement for registration has not been abolished completely. To start a lawsuit against infringers, it is still necessary to register the work. Further, registration offers the possibility to obtain statutory damages, rather than only the actual damages from the infringer. In most countries, the duration of copyright is dependent on the duration of the author’s life. After he dies, his estate can exercise the copyright for at least 50 more years. In most countries, the term is even longer: 70 years after the author’s death. A work is protected by copyright if it is a literary or artistic work. This is quite a broad expression, and almost all products of creative and original effort are copyrighted. Note that copyright protects only specific expressions of an 5.2. LIST OF COUNTRIES’ COPYRIGHT LENGTHS 81 idea, not the idea itself. A collection of facts may be copyrighted, assuming there is some creative activity involved in compiling the collection. Several countries provide a separate protection regime for collections of facts that qualify as “databases”, but this regime has nothing to do with copyright.
5.2.1 Legend
• 0, no copyright = Not copyrighted • Life + xx years = Copyrighted for authors’ lifetime plus xx years after their deaths • xx years after publication, creation, etc. = copyrighted for xx years since publication, creation, etc., of works • Until year end = Copyrighted until the end of a calendar year, i.e. December 31 • Berne = Country has signed the Berne Convention, see Berne in the “Countries, ...” column • TRIPS = The Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) is an international agreement administered by the World Trade Organization (WTO) that sets down minimum standards for many forms of intellectual property (IP) regulation as applied to nationals of other WTO Members.This also indicates that this country has at least a minimum of 50 years after the death of the creator til the copyright expires. • WCT = The World Intellectual Property Organization Copyright Treaty, (WIPO Copyright Treaty or WCT), is an international treaty on copyright law adopted by the member states of the World Intellectual Property Organization (WIPO) in 1996.
5.2.2 Table
5.2.3 See also
• Official text copyright • Rule of the shorter term • Moral rights • CERLALC, an intergovernmental organization promotes the development of book publishing and copyright issues in Latin America and the Caribbean. • List of parties to international copyright treaties
5.2.4 Notes
[1] Terms of protection were taken from a variety of sources, including WIPO, UNESCO and the University of Pennsylvania (see External links). Where no more specific information is available for a country, an indication of its probable minimum copyright term can be gained from its status as:
• a signatory of the Berne Convention ("Berne"); minimum term of life + 50 years, except for photographs. • a member of the WTO ("TRIPS"); minimum term of life + 50 years. • a candidate for membership of the European Union ("EU"); term must be life + 70 years before accession.
[2] An audiovisual work is copyrighted in Andorra for the same term, computed from the last of the following persons to survive: the principal director, the author of the scenario, the author of the dialogue and the composer of music specifically created for the audiovisual work.
[3] A cinematographic work is copyrighted in Austria for the same term, computed from the last surviving person among the following: the principal director of the film and the authors of the screenplay, the dialogues and the musical work specially created for the cinematographic work.
[4] An audiovisual work is copyrighted in France for the same term, computed from the last surviving person among the following: the author of the scenario, the author of the dialogue, the author of the musical compositions, with or without words, specially composed for the work and the main director. 82 CHAPTER 5. DAY 5
[5] An audiovisual work is copyrighted in Greece for the same term, computed from the last of the following persons to survive: the principal director, the author of the screenplay, the author of the dialogue and the composer of the music specifically created for use in the audiovisual work.
[6] The Special Administrative Regions of Hong Kong and Macau have their own status, distinct from that of the rest of China, under international copyright and trade law
[7] Computed from the last of the following persons with known identity to survive: (a) the principal director; (b) the author of the screenplay; (c) the author of the dialogue; or (d) the composer of music specially created for and used in the film.
[8] Literary, dramatic, musical, and non-photograph artistic works.
[9] The law entered into force January 16, 2012.[119][120]
[10] Unauthorized sale or commercial use of sound & audio-visual recordings is prohibited (Unauthorized Copies of Recorded Materials Act, 1991).
[11] Montenegro is assumed to have succeeded to the copyright obligations of Serbia and Montenegro. See Serbia also.
[12] Serbia is deemed to be a successor state of Serbia and Montenegro, which itself was a successor state to Yugoslavia for international copyright treaties, notably the Berne Convention, effective 17 June 1930
5.2.5 References
[1] Copyright law of Afghanistan-22/07/2008
[2] “Law No. 7564, dated April 19, 1992, on Copyright”. 1 May 2008. Retrieved 1 February 2017.
[3] Art. 19, Lei no. 101/III/90 de 29 de dezembro de 1990
[4] “DZ001: Droits d'auteur, Ordonnance, 19/07/2003 - 1424, n° 03-05”. 1 May 2008. Retrieved 1 February 2017.
[5] Law on Copyright and Related Rights of 1999
[6] Art. 20(1), Copyright Law n° 4/90, March 1990 (PDF).
[7] “IP laws revised – Anguilla”. Iprfirm.com. Archived from the original on March 3, 2012. Retrieved 2012-06-08.
[8] Literary, dramatic, musical or copyright artistic work.
[9] Copyright Act, 2002
[10] “Copyright, Law (Consolidation), 28/09/1933 (14/10/1998), No. 11.723 (No. 25.036)". 21 February 2005. Retrieved 1 February 2017.
[11] “Amplían a 70 años los derechos de propiedad de los intérpretes” (in Spanish). Clarín.com. 2009-12-14.
[12] Facundo García (2009-11-25). "¿Setenta años no es nada?" (in Spanish). Página/12.
[13] “Veinte Años Robados al Pueblo” (in Spanish). Derecho a leer. 2009-11-19.
[14] “Se extendió de 50 a 70 años la propiedad intelectual de los fonogramas e intérpretes” (in Spanish). eLeVe. 2009-12-15.
[15] Art. 34 Ley 11.723 del 28 de septiembre de 1933, as modified by Ley 24.870 del 11 de septiembre de 1997, as amended by Law 25006 B.O. 13/8/1998.
[16] LLC, Helix Consulting. “Legislation - Intellectual Property Agency”. Retrieved 1 February 2017.
[17] “Guide to Doing Business, Aruba”. LexMundi.com. p. 13.
[18] Copyright Act 1968 (Australia)
[19] Information Sheets G023 (Duration), Australian Copyright Council Archived October 30, 2007, at the Wayback Machine.
[20] Urheberrechtsgesetz
[21] § 1(2), Urheberrechtsgesetznovelle 1972 (Nr. 492, 1972-12-16)
[22] Law on Copyright and Related Rights of 5 June 1996
[23] Legislative Decree no. 10 of 1993 5.2. LIST OF COUNTRIES’ COPYRIGHT LENGTHS 83
[24] Literary, dramatic, musical or artistic work.
[25] Copyright, Act, 05/03/1998, No. 4
[26] Law 194-3 of 11 August 1998
[27] “LOI - WET”. Retrieved 1 February 2017.
[28] s. 10, Copyright Act Ch. 252
[29] How long does copyright last? from Bermuda Government website.
[30] Art. 7, Berne Convention(1)
[31] Art. 7(6), Berne Convention(1)
[32] Art. 7(2), Berne Convention(1)
[33] Art. 7(3), Berne Convention(1)
[34] Art. 7(4), Berne Convention(1)
[35] Art. 7(5), Berne Convention(1)
[36] s. 18, Copyright Act of the Kingdom of Bhutan, 2001
[37] Art. 18, Ley No 1322 de 13 de abril de 1992
[38] Art. 84, Law on Copyright and Related Rights (7/02)
[39] Copyright and Neighbouring Rights Act, Act No. 8 of 2000
[40] “Brazil: Law No. 9.610 of February 19, 1998 (Law on Copyright and Neighboring Rights)". Retrieved 1 February 2017.
[41] s. 14, Emergency (Copyright) Order 1999
[42] Art. 27, Law on Copyright and Neighbouring Rights, last changed in 2007
[43] Art. 34, Loi N°032-99AN portant protection de la propriété littéraire et artistique Archived October 14, 2006, at the Wayback Machine.
[44] ACT No. 1/021 of December 30, 2005, On the Protection of Copyright and Related Rights in Burundi”. WIPO.int.
[45] Art. 30, Law on Copyright and Related Rights of 2003
[46] Art. 37, Loi no 2000/011 du 19 décembre 2000
[47] s. 6, Copyright Act (R.S., 1985, c. C-42); s. 7, S.C. 1997, c. 24
[48] Cory Doctorow (2012) Canadians: tell Parliament to preserve Canada’s public domain! at Boing Boing, 6/1/2012
[49] Sookman, Barry. Canada to extend copyright term for artists and record producers.
[50] Bliss, Karen. [2015-04-21. http://www.billboard.com/articles/business/6545691/canadas-budget-extends-copyright-for-sound-recordings-to-70-years].
[51] Art. 3, Law 19914 implementing free trade agreement with the US (2003) Archived March 19, 2009, at the Wayback Machine.
[52] Copyright Law of the People’s Republic of China, Art. 21.
[53] “Laws & Regulations Database and The Republic of China”. Retrieved 1 February 2017.
[54] “Colombia: Law No. 23 of 1982 (January 28) - On Copyright”. Retrieved 1 February 2017.
[55] Law No. 24/82 of July 7, 1982, Law on Copyright and Neighbouring Rights
[56] Art. 58, Ley de Derechos de Autor y Derechos Conexos (as last amended by Law No. 8834 of May 3, 2010)
[57] Loi no. 96-564 du 25 juillet 1996
[58] Art. 99, Copyright and Related Rights Act 197/2003
[59] Copy right directive 1913 (Netherlands Antilles), last amended 1 March 2004. 84 CHAPTER 5. DAY 5
[60] Copyright Act 2006
[61] Law No. 121/2000 Coll.
[62] s. 63, Consolidated Act on Copyright 2006
[63] ERICarts, Council of Europe,. “Denmark: 5.1 General legislation : 5.1.7 Copyright provisions”. www.culturalpolicies.net. Retrieved 2016-01-31.
[64] Loi n°114/AN/96/3e L relatif à la protection du droit d'auteur
[65] s. 11, Copyright Act 2003
[66] Art. 21, Ley sobre Derecho de Autor del 24 de julio de 2000
[67] Art. 80, Ley No 83 de Propiedad Intelectual (1998)
[68] Art. 160, Law on the Protection of Intellectual Property Rights
[69] Art. 86, Decreto Legislativo No. 604 del 15 de julio de 1993
[70] Art. 1653, 1670, Eritrean Civil Code
[71] Edition of the Copyright Act effective since 01.01.2009 (Estonian); First enacted on 11.11.1992 Archived May 22, 2011, at the Wayback Machine.
[72] Wondwossen Belete (2004), The Intellectual Property System in Ethiopia, Ethiopian Intellectual Property Office, Addis Ababa, December 2004; see also
[73] “EUR-Lex - 32006L0116 - EN - EUR-Lex”. Retrieved 1 February 2017.
[74] “Copyright Act 1999” (PDF). 1999. Retrieved 2012-06-08.
[75] Art. 43, Law No. 404/1961, as amended by Law No. 1654/1995
[76] Copyright, Act, 08/07/1961
[77] “France: Code de la propriété intellectuelle (version consolidée au 23 février 2015)". Retrieved 1 February 2017.
[78] Judgement No. 280 of February 27, 2007 Court of Cassation – First Civil Chamber 04-12138
[79] Copyright Act 1956 (p)
[80] Art. 31, Law on Copyright and Neighbouring Rights of 22 June 1999
[81] § 64 Urheberrechtsgesetz , as amended by the Law of 17 December 2008
[82] “UrhG - Einzelnorm”. Retrieved 1 February 2017.
[83] “UrhG - Einzelnorm”. Retrieved 1 February 2017.
[84] Art. 12, Copyright Act, 2005
[85] Law 2121/1993
[86] Copyright Act, dated 3 February 1989
[87] Decreto No. 33-98, as modified by Art. 13, Decreto No. 56-2000
[88] Copyright Act 1956
[89] Decree of January 9, 1968, relating to Copyright in Literary, Scientific and Artistic Works
[90] Art. 44, Law on Copyright and Related Rights
[91] “Art. 30, Decreto Ley 16 2006: Implementación del Tratado de Libre Comercio entre la República Dominicana, Cen- troamérica y Estados Unidos”. Cerlalc.org. 2006. Retrieved 2012-06-08.
[92] “Copyright Ordinance (Cap. 528)". Legislation.gov.hk. 1997-06-30. Retrieved 2012-06-08.
[93] “Copyright Ordinance (Cap. 528)". Legislation.gov.hk. 1997-06-30. Retrieved 2012-06-08.
[94] Art. 31, Act No. LXXVI of 1999 on Copyright (consolidated text as of January 1, 2007), wipo.int (Access date: 18 January 2016) 5.2. LIST OF COUNTRIES’ COPYRIGHT LENGTHS 85
[95] Art. 43, Act No. 73/1972, as amended by Art. 4, Act No. 145/1996
[96] See also Copyright in India.
[97] Copyright Act, 1957
[98] Art. 29, Law No. 19 of 2002
[99] “Indonesia - New Copyright Law Enacted | Publications | Baker & McKenzie”. www.bakermckenzie.com. Retrieved 2016- 01-31.
[100] Reformation of article 12 (August 22, 2010) Copyright Law of 12 January 1970
[101] Art. 16, Copyright Law of 12 January 1970
[102] s. 2(11), Coalition Provisional Authority Order No. 2004/83 Archived October 12, 2006, at the Wayback Machine.
[103] “Copyright Protection Act No.3 (1971)".
[104] s. 24, Copyright and Related Rights Act, 2000
[105] Post-2007: Israeli Copyright Act of 2007 Pre-2007: Crown Law: Art. 5(4), Copyright Ordinance 1924 Archived May 14, 2011, at the Wayback Machine.
[106] Post-2007: Israeli Copyright Act of 2007 | Pre-2007: Crown Law: Art. 21, Copyright, Act (Consolidation), 16/12/1911
[107] Post-2007: Israeli Copyright Act of 2007 | Pre-2007: Crown Law: Art. 5(3), Copyright Ordinance 1924 Archived May 14, 2011, at the Wayback Machine.
[108] Law No. 633 of 22 April 1941, as amended by Art. 17, Law No. 52 of 6 February 1996
[109] Limited, Jamaica Observer. “Golding says Copyright Law will bolster creative industries - News”. Retrieved 1 February 2017.
[110] Law No. 48 of 6 May 1970, as amended in 2010
[111] Art. 30, Law No. 22 of 1992, as amended
[112] Art. 28, Law on Copyright and Neighbouring Rights of 1996
[113] Copyright Act, 2001
[114] Art. 60, Law No. 04/L-065 of 30 November 2011
[115] Copyright Law of the Democratic People’s Republic of Korea, discussed at: Paul Karl Lukacs (3 August 2007). “Everything You've Ever Wanted To Know About the North Korean Copyright Act”. The Nomad Lawyer. Retrieved 24 May 2011.
[116] “Treaties > Laws & Treaties > Home”. Retrieved 1 February 2017.
[117] | Decree Law No. 64 of 1999 concerning Intellectual Property Rights
[118] Art. 27, Law on Copyright and Related Rights of 16 December 1997
[119] “Part 6. Term of Protection of Copyright and Related Rights” (PDF), Law on Intellectual Property (Amended), Lao People’s Democratic Republic (via WIPO), 2011-12-20, retrieved 2014-01-30
[120] “Law No. 01/NA of December 20, 2011, on Intellectual Property (as amended)". WIPO. 2012-01-16. Retrieved 2014- 01-30.
[121] Copyright Law of 6 April 2000
[122] Art. 28, Law on Copyright and Neighbouring Rights of 11 May 1993
[123] Art. 37(2), Copyright Law of 6 April 2000
[124] Art. 49, Loi sur la protection de la propriété littéraire et artistique (no. 75 du 3 avril 1999)
[125] “Copyright and related rights in Lebanon”. Euromed Audiovisual. Retrieved 2016-01-31.
[126] s. 2.20, An Act Adopting a New Copyright Law of the Republic of Liberia
[127] Art. 32, Law of 19 May 1999 [Art. 36, Law of 26 October 1928 86 CHAPTER 5. DAY 5
[128] Art. 34, Law No. IX-1355 (2003) [Art. 536, Civil Code as modified by Law No. I-459 (1994)
[129] Art. 9, Law of 18 April 2001 [Art. 2, Law of 29 March 1972]
[130] Decree-Law 43/99/M of August 16, 1999
[131] Art. 44, Law on Copyright and Related Rights No. 47/96 as amended Archived October 18, 2002, at the Wayback Machine.
[132] Art. 52, Loi no. 94-036 portant sur la propriété littéraire et artistique
[133] s. 13, Copyright Act, 1989
[134] s. 17, Copyright Act 1987
[135] “Malaysia Doesn't Need Another 20 Years of Copyright”. Electronic Frontier Foundation. Retrieved 2016-01-31.
[136] Art. 90, Loi No. 8426/AN-RM
[137] Camilleri, Antoine (9 September 2010). Intellectual property in Malta: Copyrigh. Times of Malta. Retrieved on 5 Septem- ber 2016. Archived from the original on 17 March 2016.
[138] Camilleri, Antoine (9 September 2010). Intellectual property in Malta: Copyrigh. Times of Malta. Archived from the original on 17 March 2016.
[139] “Unauthorized Copies of Recorded Materials Act 1991 [20 MIRC Ch.2]". PacLII. Archived from the original on September 3, 2014. Retrieved 29 August 2014.
[140] “Republic of the Marshall Islands”. Pacific Islands Forum Intellectual Property Portal. Archived from the original on 10 November 2010. Retrieved 23 March 2016.
[141] “Marshall Islands”. World Intellectual Property Organization. Retrieved 29 August 2014.
[142] s. 12, Copyright Act 1997
[143] “Ley Federal del Derecho de Autor” (PDF) (in Spanish). 2003. Archived from the original (PDF) on 1 July 2014. Retrieved 23 December 2015.
[144] Art. 29, Ley Federal del Derecho de Autor (1996)
[145] Art. 9, Decreto que reforma, adiciona y deroga disposiciones de diversas leyes relacionadas con el Tratado de Libre Comercio de América del Norte, and the fourth transitional provision of the same, making the change from 50 pma to 75 pma non-retroactive. Archived March 31, 2012, at the Wayback Machine.
[146] Sager, Carrie Ellen (11 April 2012). “TPP’s Effects on the IP Law of Canada and Mexico”. infojustice.org. Retrieved 2016-01-31.
[147] § 113, Federated States of Micronesia Code, Title 35 Archived September 9, 2005, at the Wayback Machine.
[148] “Republic of Moldova: Law No. 139 of July 2, 2010, on Copyright and Neighboring Rights”. Retrieved 1 February 2017.
[149] “LégiMonaco - Textes non codifiés - Ordonnance n. 5.501 du 09/01/1975 rendant exécutoire à Monaco la convention de Berne pour la protection des œuvres littéraires et artistiques du 9 septembre 1886, telle que révisée à Paris le 24 juillet 1971”. Retrieved 1 February 2017.
[150] Art. 17, Law on Copyright of 1993
[151] Art. 100, Law on Copyright and Related Rights
[152] Art. 25, Loi no. 2-00 relative aux droits d’auteur et droits voisins
[153] “ICLG - International Comparative Legal GuidesMorocco - Copyright 2016”. ICLG - International Comparative Legal GuidesMorocco - Copyright 2016. Retrieved 2016-01-31.
[154] Art. 22, Law No. 4/2001
[155] Copyright Act 98 of 1978, as amended by s. 3, Act 52 of 1984, s. 3, Act 125 of 1992 and by s. 52, Act 38 of 1997
[156] s. 4, Custom and Adopted Laws Act 1971 5.2. LIST OF COUNTRIES’ COPYRIGHT LENGTHS 87
[157] “Copyright Act 1956”. Retrieved 1 February 2017.
[158] “The Copyright Act, 2059 (2002)" (PDF). Government of Nepal, Ministry of Federal Affairs, Constituent Assembly, Parliamentary Affairs and Culture. Archived from the original (PDF) on July 20, 2011. Retrieved 25 April 2011.
[159] Auteurswet (Dutch); Art. 37, Copyright Act, 1912, as amended by the Acts of 21 December 1995
[160] Auteurswet (Dutch); Art. 38, Copyright Act, 1912, as amended by the Acts of 21 December 1995
[161] Copyright Act, 1912, article 45o, part 2
[162] “wetten.nl - Regeling - Auteurswet - BWBR0001886”. Retrieved 1 February 2017.
[163] “Copy right law BES 2010” (in Dutch). Wetten.overheid.nl. 2011-12-13. Retrieved 2012-06-08.
[164] Copyright Act 1994
[165] Art. 27, Ley de Derecho de Autor y Derechos Conexos (No. 312)
[166] Art. 22, Ordinance 93-027 of 30 March 1993 on copyright, related rights and expressions of folklore
[167] Schedule I, Copyright Act (Chapter C.28), 2004
[168] Hannemyr, Gisle (11 June 2009). “Copyright, etc. terms in Norway” (PDF). Retrieved 23 February 2016.
[169] s. 40, Act No. 2 of 12 May 1961. Relating to copyright in literary, scientific and artistic works, etc., with subsequent amendments, latest of 16 April 1999
[170] “Articles 26 of The Law For The Protection of Copyright and Neighbouring Rights”. Royal Decree 65/2008. Ministry of Commerce and Industry. Archived from the original on January 14, 2012. Retrieved 23 August 2012.
[171] “Articles 26-30 of The Law For The Protection of Copyright and Neighbouring Rights”. Royal Decree 65/2008. Ministry of Commerce and Industry. 2008. Archived from the original on January 14, 2012. Retrieved 23 August 2012.
[172] s. 18, Copyright Ordinance 1962, as amended to year 2000
[173] s. 16, Republic of Palau Copyright Act of 2003
[174] Art. 42, Ley No. 15 de 8 de agosto de 1994
[175] s. 17, Copyright and Neighbouring Rights Act 2000
[176] Art. 47, Ley No. 1328/98 de Derecho de Autor y Derechos Conexos
[177] Art. 52, Decreto legislativo 822 del 23 de abril de 1996
[178] Intellectual Property Code
[179] Art. 36, Law of February 4, 1994, on Copyright and Neighbouring Rights, as amended by the Law of 22 July 2000
[180] Art. 31, Code of Copyright and Related Rights, as amended by Decree Law No. 334/97 of 27 November 1997
[181] s. 15, Law No. 7 of 2002
[182] Art. 27, Law No. 8 of March 14, 1996
[183] “Article 1281 of Civil Code”. Consultant.ru. Retrieved 2012-06-08.
[184] "Федеральный закон от 18.12.2006 N 231-ФЗ "О введении в действие части четвертой Гражданского кодекса Российской Федерации" (с изменениями и дополнениями)". Retrieved 1 February 2017.
[185] “Article 1330 of Civil Code”. Consultant.ru. Retrieved 2014-12-11.
[186] “Article 1317 of Civil Code”. Consultant.ru. Retrieved 2014-12-11.
[187] Civil Code of the RSFSR, Articles 484-487
[188] s. 10, Copyright Act, 1995
[189] “Copyright Act, 2003” (PDF). 2003. Retrieved 2012-06-08.
[190] WIPO (2012-04-02). “Copyright Act 1998”. Wipo.int. Retrieved 2012-06-08.
[191] Art. 36, Legge n. 8 del 25 gennaio 1991 88 CHAPTER 5. DAY 5
[192] “Royal Decree No: M/41 2nd Rajab 1424 H August 30, 2003” (PDF). Retrieved 2012-06-08.
[193] “Loi 2008-09 du 25-01-2008 sur le droit d'auteur et les droits voisins” (PDF). Retrieved 2012-08-26.
[194] Copyright Act, 2014
[195] Sierra Leone Copyright Act 2011
[196] See also the Intellectual Property Office of Singapore factsheet. Archived December 11, 2013, at the Wayback Machine.
[197] Literary, dramatic or musical work, or in an artistic work other than a photograph
[198] “Singapore Statutes Online - Home”. Retrieved 1 February 2017.
[199] § 21, Law on Copyright and Rights Related to Copyright (Copyright Act) No. 618/2003
[200] Art. 59, Copyright and Related Rights Act of 30 March 1995
[201] s. 3, Copyright Act (Ch. 138)
[202] “South Africa: Copyright Act, 1978 (Act No. 98 of 1978, as amended up to Copyright Amendment Act 2002)". Retrieved 1 February 2017.
[203] See Ley de 10 de enero de 1879, de la propiedad intelectual (Spanish)
[204] "Áreas de cultura: Propiedad Intelectual - Ministerio de Educación, Cultura y Deporte” (PDF). Retrieved 1 February 2017.
[205] “INTELLECTUAL PROPERTY ACT, No. 36 OF 2003” (PDF). PARLIAMENT OF SRI LANKA. Retrieved 30 January 2013.
[206] Copyright and Neighbouring Rights Protection Act 1996
[207] SASUR -Wet auteursrecht art. 38|date=January
[208] Copyright Act No. 36 of 1912
[209] Art. 43, Act 1960:729, as modified by Act 1995:1273
[210] Art. 29 Urheberrechtgesetz/ Loi sur le droit d’auteur par. 2
[211] Prof. Dr. Axel Tschentscher, LL.M., M.A. “BGE 124 III 266”. servat.unibe.ch. Retrieved 2012-06-08.
[212] P, Bundeskanzlei −. “SR 231.1 Bundesgesetz vom 9. Oktober 1992 über das Urheberrecht und verwandte Schutzrechte (Urheberrechtsgesetz, URG)". Retrieved 1 February 2017.
[213] Law No. 12/2001
[214] s. 14, Copyright and Neighbouring Rights Act, 1999
[215] s. 19, Copyright Act, B.E. 2537 (1994)
[216] Art. 36, Loi no. 91-12 portant protection du droit d'auteur, du folklore et des droits voisins
[217] s. 13, Copyright Act (Cap. 121)
[218] s. 19, Copyright Act, 1997
[219] Art. 18, Loi no. 94-36
[220] “Copyright and related rights in Tunisia”. Euromed Audiovisual. Retrieved 2016-01-31.
[221] Art. 27, Law No. 5846 of 5 December 1951
[222] Art. 1094, Civil Code of Turkmenistan
[223] Art. 28, Law of Ukraine on Copyright and Related Rights, 1993 with amendments 2004
[224] s. 20, Federal Law No. 7 of 2002
[225] Copyright, Designs and Patents Act 1988, as amended by s. 5, Duration of Copyright and Rights in Performances Regu- lations 1995
[226] Copyright term for sound recordings increases from 50 to 70 years today. MusicWeek, November 1, 2013. 5.2. LIST OF COUNTRIES’ COPYRIGHT LENGTHS 89
[227] See also Copyright Term and the Public Domain in the United States by Peter B. Hirtle.
[228] 17 U.S.C. § 302(a)
[229] 17 U.S.C. § 302(c)
[230] 17 U.S.C. § 30417 U.S.C. § 301(c)
[231] 17 U.S.C. § 305
[232] Article IV 2(a), Universal Copyright Convention
[233] Article IV 3, Universal Copyright Convention
[234] Art. 14, Law on Copyright No. 9.739 of 17 December 1937
[235] Art. 38, Law No. 272-I of 30 August 1996
[236] Art. 19, Copyright and Related Rights Act 2000
[237] “N. XII. Legge sil diritto di autore” (PDF). 1960. Retrieved 2012-06-08.
[238] Ley sobre el Dercho de Autor as modified by the Decreto del 14 de agosto de 1993
[239] “Intellectual Property Law. Law No. 19 for the Year 1994.” (PDF). Official Gazette No. 20 issued on 27 Jumada I, 1415 A.H. corresponding to 31 October 1994. 1994-10-31. Retrieved 2014-04-13.
[240] s. 12, Copyright and Performance Rights Act, 1994
[241] Literary, dramatic, and musical works; non-photograph artistic works.
[242] Copyright Act (Chapter 26:1)
5.2.6 External links
• Summary of copyright terms in various countries, with links to summaries or copies of national laws
• UNESCO Collection of National Copyright Laws with links to the official documentation for most listed coun- tries
• The duration of copyright in various countries Chapter 6
Day 6
6.1 Public copyright license
A public license or public copyright license is a license by which a licensor can grant additional copyright permis- sions to licensees and in which either the licensees[1] or both the licensees and licensors are unlimited.[2] The New York Times has also described them as open copyright licenses,[3] though the Open Knowledge Foundation only uses this term for Free content licenses.[2] By applying such a license to a work, copyright holders give permission for others to copy or change their work in ways that would otherwise infringe copyright law provided that the licensees obey the terms and conditions of the license. Public copyright licenses are reusable, do not limit their licensees.[1] In other words, any person can take advantage of the license. The Creative Commons Developing Nations License is not a public copyright license, because it limits licensees to those in developing nations. According to the Open Knowledge Foundation, to qualify as a public copyright license a license must not limit licensors either.[2] Under this definition, licenses specific to a single licensor (like the UK government’s Open Government License, which would have to be edited to be used by other licensors) do not qualify as public copyright licenses. Creative Commons licenses are explicitly identified as public licenses.[4] Any person can apply a Creative Commons license to their work, and any person can take advantage of the license to use the licensed work according to the terms and conditions of the relevant license.[5] Some organisations approve public copyright licenses that meet certain criteria. The Free Software Foundation keeps a list of FSF-approved software licenses and free documentation licenses. The Open Source Initiative keeps a similar list of OSI-approved software licenses. The Open Knowledge Foundation has a list of OKFN-approved licenses for content and data licensing.
6.1.1 Types of copyright license
The implied license imposed by the Berne Convention, and the public domain (the CC0 license as waiver), are the references for any other public license. Considering all cultural works, as in the Open Definition, the four freedoms summarizes the main differences: The “open licenses” preserve the main freedoms of CC0, but add some reasonable restriction. Labeling by its acronyms, the main restrictions are:
• BY (attribution): restriction on freedoms 2, 3 or 2.1, the copy must to cite (attribute); give the author or licensor the credits in the manner specified by these. • SA (share-alike): restriction on freedoms 2 or 3, the copy must distributed under a license identical to the license that governs the original work (see copyleft). • ND (Non-derivative): exclusion of freedom 3. • NC (Non-commercial): partial exclusion of freedoms 2 and 3 of commercial purposes. • Other: other less usual restrictions on “open licenses”.
90 6.1. PUBLIC COPYRIGHT LICENSE 91
6.1.2 Varieties of public copyright license
Free licenses are a popular subset of public copyright licenses. They include free and open source software licenses and free content licenses. To qualify as a libre license, a public copyright license must allow licensees to share and adapt the licensed work for any purpose, including commercial ones. Licenses that purport to release a work into the public domain are a type of libre license. Share-alike licenses require derivatives of the licensed work to be released under the same license as the original. When a libre license has a share-alike term, it is called a copyleft license. Libre licenses without share-alike terms are sometimes called permissive licenses or copyfree licenses. The Creative Commons public copyright license suite includes licenses with attribution, share-alike, non-commercial and no-derivatives conditions. It also offers a public domain license and the Founders’ Copyright license. Open supplement licenses permit derivatives of the work (specifically material that supplements the original work) but not duplicates.
Public domain like licenses
Main article: Public domain equivalent license
A subset of public copyright licenses which aim for no restrictions at all like public domain (“full permissive”), are public domain-like licenses. The 2000 released WTFPL license is a short public domain like software license.[6] The 2009 released CC0 was created as public domain license for all content with compatibility with also law domains (e.g. Civil law of continental Europe) where dedicating into public domain is problematic. This is achieved by a public domain waiver statement and a fall-back all-permissive license.[7][8] The Unlicense, published around 2010, has a focus on an Anti-copyright message. The unlicense offers a public domain waiver text with a fall-back public domain-like license inspired by permissive licenses but without attribution.[9][10]
6.1.3 See also
• Copyright reform movement
• Free and open-source software
• Open content/Free content
• Anti-copyright notice
6.1.4 References
[1] Herkko A. Hietanen. “A License or a Contract, Analyzing the Nature of Creative Commons Licenses”. Social Science Research Network. Retrieved 2012-05-27.
[2] Jordan Hatcher. “Open Licenses vs Public Licenses”. Open Knowledge Foundation Blog. Retrieved 2012-05-27.
[3] “Travel Site Built on Wiki Ethos Now Bedevils Its Owner”. New York Times. Retrieved 2012-09-30.
[4] “Creative Commons Attribution 3.0 Unported Legal Code”. Creative Commons. Retrieved 2012-05-27.
[5] “About the Licenses”. Creative Commons. Retrieved 2012-09-30.
[6] Version 1.0 license on anonscm.debian.org
[7] https://creativecommons.org/weblog/2009/03/11/13304
[8] Validity of the Creative Commons Zero 1.0 Universal Public Domain Dedication and its usability for bibliographic metadata from the perspective of German Copyright Law by Dr. Till Kreutzer, attorney-at-law in Berlin, Germany
[9] The unlicense a license for no license on ostatic.com by Joe Brockmeier (2010)
[10] The Unlicense on unlicense.org 92 CHAPTER 6. DAY 6
6.2 Public domain
The term public domain has two senses of meaning. Anything published is out in the public domain in the sense that it is available to the public. Once published news and information in books is in the public domain, although they may also be copyrighted. In the sense of intellectual property, works in the public domain are those whose exclusive intellectual property rights have expired,[1] have been forfeited,[2] or are inapplicable.[3] For example, the works of Shakespeare and Beethoven, and most of the early silent films, are all now in the public domain by either being created before copyrights existed or leaving the copyright term.[1] Examples for works not covered by copyright which are therefore in the public domain, are the formulae of Newtonian physics, cooking recipes[4] and all software before 1974.[5] Examples for works actively dedicated into public domain by their authors are reference implementations of cryptographic algorithms,[6][7][8] NIH's ImageJ,[9] and the CIA's World Factbook.[10] The term is not normally applied to situations where the creator of a work retains residual rights, in which case use of the work is referred to as “under license” or “with permission”. As rights are country-based and vary, a work may be subject to rights in one country and be in the public domain in another. Some rights depend on registrations on a country-by-country basis, and the absence of registration in a particular country, if required, creates public domain status for a work in that country.
6.2.1 History
Although the term “public domain” did not come into use until the mid-18th century, the concept “can be traced back to the ancient Roman Law, as a preset system included in the property right system.”[11] The Romans had a large proprietary rights system where they defined “many things that cannot be privately owned”[11] as res nullius, res communes, res publicae and res universitatis. The term res nullius was defined as things not yet appropriated.[12] The term res communes was defined as “things that could be commonly enjoyed by mankind, such as air, sunlight and ocean.”[11] The term res publicae referred to things that were shared by all citizens, and the term res universi- tatis meant things that were owned by the municipalities of Rome.[11] When looking at the public domain from a historical perspective, one could say the construction of the idea of “public domain” sprouted from the concepts of res communes, res publicae, and res universitatis in early Roman law.[11] When the first early copyright law was first established in Britain with the Statute of Anne in 1710, public domain did not appear. However, similar concepts were developed by British and French jurists in the eighteenth century. Instead of “public domain” they used terms such as publici juris or propriété publique to describe works that were not covered by copyright law.[13] The phrase “fall in the public domain” can be traced to mid-nineteenth century France to describe the end of copyright term. The French poet Alfred de Vigny equated the expiration of copyright with a work falling “into the sink hole of the public domain”[14] and if the public domain receives any attention from intellectual property lawyers it is still treated as little more than that which is left when intellectual property rights, such as copyright, patents, and trademarks, expire or are abandoned.[15] In this historical context Paul Torremans describes copyright as a “little coral reef of private right jutting up from the ocean of the public domain.”[16] Because copyright law is different from country to country, Pamela Samuelson has described the public domain as being “different sizes at different times in different countries”.[17]
6.2.2 Definition
Definitions of the boundaries of the public domain in relation to copyright, or intellectual property more generally, regard the public domain as a negative space, that is, it consists of works that are no longer in copyright term or were never protected by copyright law.[18] According to James Boyle this definition underlines common usage of the term public domain and equates the public domain to public property and works in copyright to private property. However, the usage of the term public domain can be more granular, including for example uses of works in copyright permitted by copyright exceptions. Such a definition regards work in copyright as private property subject to fair use rights and limitation on ownership.[1] A conceptual definition comes from Lange, who focused on what the public domain should be: “it should be a place of sanctuary for individual creative expression, a sanctuary conferring affirmative protection against the forces of private appropriation that threatened such expression”.[18] Patterson and Lindberg described the public domain not as a “territory”, but rather as a concept: "[T]here are certain materials – the air we breathe, sunlight, rain, space, life, creations, thoughts, feelings, ideas, words, numbers – `not subject to private ownership. The materials that compose our cultural heritage must be free for all living to use no less than matter necessary 6.2. PUBLIC DOMAIN 93
Newton’s own copy of his Principia, with hand-written corrections for the second edition for biological survival.”[19] The term public domain may also be interchangeably used with other imprecise and/or undefined terms such as the "public sphere" or "commons", including concepts such as “commons of the mind”, the “intellectual commons”, and the “information commons”.[15]
6.2.3 Public domain by medium
Public domain books
A public domain book is a book with no copyright, a book that was created without a license, or a book where its copyrights expired[20] or have been forfeited.[21] Every book and tale written prior to 1787 (or in most countries 1945) is in the public domain, among them, every book written by Jane Austen, Lewis Carroll, Edgar Allan Poe and H. G. Wells.
18th century
• Arthur Mervyn, Edgar Huntly, Wieland and Sky-Walk by Charles Brockden Brown • Camilla, Evelina and Cecilia by Frances Burney • Jonathan Dickinson’s Journal by Jonathan Dickinson. • Notes on the State of Virginia by Thomas Jefferson • The Algerine Captive by Royall Tyler • The Boarding School; or, Lessons of a Preceptress to Her Pupils and The Coquette by Hannah Webster Foster • The Power of Sympathy by William Hill Brown • The History of Tom Jones, a Foundling by Henry Fielding • The Romance of the Forest by Ann Radcliffe • The Life and Opinions of Tristram Shandy, Gentleman by Laurence Sterne 94 CHAPTER 6. DAY 6
19th century
• Alice’s Adventures in Wonderland, The Hunting of the Snark and Through the Looking-Glass by Lewis Carroll
• Emma, Pride and Prejudice and Mansfield Park by Jane Austen
• Jane Eyre, Shirley, Villette and The Professor by Charlotte Brontë
• The Island of Doctor Moreau, The Time Machine, The War of the Worlds, and The Invisible Man by H. G. Wells
• "Fragment of a Novel" by Lord Byron
• Tales of My Landlord and Waverley Novels by Walter Scott
• "The Vampyre" by John William Polidori
• Frankenstein; or, The Modern Prometheus, The Last Man and Mathilda by Mary Shelley
• "The Murders in the Rue Morgue", by Edgar Allan Poe
• The Scarlet Letter, by Nathaniel Hawthorne;
• David Copperfield, Great Expectations, Oliver Twist, A Christmas Carol and A Tale of Two Cities by Charles Dickens;
• Moby-Dick by Herman Melville
• Uncle Tom’s Cabin by Harriet Beecher Stowe;
• The Adventures of Tom Sawyer by Mark Twain
• The Last Days of Pompeii by Edward Bulwer-Lytton
• The Odd Women by George Gissing
• The Autobiography of a Flea by Edward Avery
• The Prisoner of Zenda and Rupert of Hentzau by Anthony Hope
• Vanity Fair, The Newcomes and The Book of Snobs by William Makepeace Thackeray.
20th century
• Mrs Dalloway, by Virginia Woolf
• The Rainbow, Women in Love, The Lost Girl and Aaron’s Rod by D. H. Lawrence
• Many Marriages, by Sherwood Anderson
• The Moon Pool, by A. Merritt
• Ulysses, by James Joyce
• Encyclopædia Britannica Eleventh Edition
These books are commonly found either online or on libraries in diverse formats like .PDF,.Doc, and can be converted to EPUB by a click with Calibre and Sigil (both free software). Everybody can download, copy, edit and read them in a digital way, on ebook readers, computers, and print them freely and without restrictions. 6.2. PUBLIC DOMAIN 95
Public domain music
Main article: Public domain music
Music has been created and played by humans for millennia. An object identified as a possible flute (the Divje Babe Flute) is more than 40,000 years old. Even if humans had musical instruments and made music there was a need for a musical notation system to be able to preserve song through writing. The first such system, the Music of Mesopotamia notation system, was created 4000 years ago. In the tenth century Guido of Arezzo introduced Latin musical notations. All this laid the foundation for the preservation of global music belonging to the public domain since the beginning of musical history to the present. Musopen project has been dedicated to record this music whose records are in the public domain using musical instruments and equipment sound capture for not only musical writings are available to the general public but also can the music itself in an audibly way high quality formats lossless formats like Flac that gives the highest possible quality, and also in a low quality format or with lost as .ogg files (that were very useful during the early years of Internet and the first generations of portable media player). Archive.com preserve this entire collection of classical music recorded by the Museopen project, every song can be freely downloaded and distributed. An example of this music Coriolanus Overture of Ludwig van Beethoven recorded by the project Musopen stored in Flac format:
Rock, Rock, Rock
Public domain films
Main article: Public domain film
A public domain film is a film that was released to public domain by its author or because its copyright has expired. In 2016 there are more than 2000 films on public domain in every genre, from musicals to romance, horror to animated movies and noir to western movies. 96 CHAPTER 6. DAY 6
6.2.4 Value
Pamela Samuelson has identified eight “values” that can arise from information and works in the public domain.[22]:22 Possible values include:
1. Building blocks for the creation of new knowledge, examples include data, facts, ideas, theories, and scientific principle. 2. Access to cultural heritage through information resources such as ancient Greek texts and Mozart’s symphonies. 3. Promoting education, through the spread of information, ideas, and scientific principles. 4. Enabling follow-on innovation, through for example expired patents and copyright. 5. Enabling low cost access to information without the need to locate the owner or negotiate rights clearance and pay royalties, through for example expired copyrighted works or patents, and non-original data compilation.[23] 6. Promoting public health and safety, through information and scientific principles. 7. Promoting the democratic process and values, through news, laws, regulation, and judicial opinion. 8. Enabling competitive imitation, through for example expired patents and copyright, or publicly disclosed tech- nologies that do not qualify for patent protection.[22]:22
6.2.5 Relationship with derivative works
Derivative works include translations, musical arrangements, and dramatizations of a work, as well as other forms of transformation or adaptation.[24] Copyrighted works may not be used for derivative works without permission from the copyright owner,[25] while public domain works can be freely used for derivative works without permission.[26][27] Artworks that are public domain may also be reproduced photographically or artistically or used as the basis of new, interpretive works.[28] Works derived from public domain works can be copyrighted.[29] Once works enter into the public domain, derivative works such as adaptations in book and film may increase notice- ably, as happened with Frances Hodgson Burnett's novel The Secret Garden, which became public domain in 1987.[30] By 1999, the plays of Shakespeare, all public domain, had been used in more than 420 feature-length films.[31] In addition to straightforward adaptation, they have been used as the launching point for transformative retellings such as Tom Stoppard's Rosencrantz and Guildenstern Are Dead and Troma Entertainment's Tromeo and Juliet.[32][33][34] Marcel Duchamp’s L.H.O.O.Q. is a derivative of Leonardo da Vinci’s Mona Lisa, one of thousands of derivative works based on the public domain painting.[26]
6.2.6 Perpetual copyright
Main article: Perpetual copyright
Some works may never fully lapse into the public domain. A perpetual crown copyright is held for the Authorized King James Version of the Bible in the UK.[35] While the copyright of the Peter Pan works by J. M. Barrie (the play Peter Pan, or the Boy Who Wouldn't Grow Up and the novel Peter and Wendy) has expired in the United Kingdom, it was granted a special exception under the Copyright, Designs, and Patents Act 1988 (Schedule 6)[36] that requires royalties to be paid for commercial performances, publications and broadcasts of the story of Peter Pan within the UK, as long as Great Ormond Street Hospital (to whom Barrie gave the copyright) continues to exist.
6.2.7 Public domain mark
The Creative Commons proposed in 2010 the Public Domain Mark (PDM) as symbol to indicate that a work is free of known copyright restrictions and therefore in the public domain.[37][38] The copyright mark is analogous to the copyright symbol, which acts as copyright notice. The Europeana databases use it, and for instance on the Wikimedia Commons in February 2016 2.9 million works (~10% of all works) are listed as PDM.[39] 6.2. PUBLIC DOMAIN 97
6.2.8 Application to copyrightable works
Works not covered by copyright law
The underlying idea that is expressed or manifested in the creation of a work generally cannot be the subject of copyright law (see idea–expression divide). Mathematical formulae will therefore generally form part of the public domain, to the extent that their expression in the form of software is not covered by copyright. Works created before the existence of copyright and patent laws also form part of the public domain. For example, the Bible and the inventions of Archimedes are in the public domain, but copyright may exist in translations, or new formulations, or digitized editions of these works, so for example most translations of the Bible into foreign languages and the digital editions of these are copyrighted.
Expiration of copyright
Determination of whether a copyright has expired depends on an examination of the copyright in its “source country”. In the United States, determining whether a work has entered the public domain or is still under copyright can be quite complex, primarily because copyright terms have been extended multiple times and in different ways—shifting over the course of the 20th century from a fixed-term based on first publication, with a possible renewal term, to a term extending to fifty, then seventy, years after the death of the author. The claim that “pre-1923 works are in the public domain” is correct only for published works; unpublished works are under federal copyright for at least the life of the author plus 70 years. In most other countries that are signatories to the Berne Convention, copyright term is based on the life of the author, and extends to 50 or 70 years beyond the death of the author. (See List of countries’ copyright lengths.) Legal traditions differ on whether a work in the public domain can have its copyright restored. In the European Union, the Copyright Duration Directive was applied retroactively, restoring and extending the terms of copyright on material previously in the public domain. Term extensions by the U.S. and Australia generally have not removed works from the public domain, but rather delayed the addition of works to it. However, the United States moved away from that tradition with the Uruguay Round Agreements Act, which removed from the public domain many foreign- sourced works that had previously not been in copyright in the US for failure to comply with US-based formalities requirements. Consequently, in the US, foreign-sourced works and US-sourced works are now treated differently, with foreign-sourced works remaining under copyright regardless of compliance with formalities, while domestically- sourced works may be in the public domain if they failed to comply with then-existing formalities requirements—a situation described as odd by some scholars, and unfair by some US-based rightsholders.[40]
Government works
Works of the United States Government and various other governments are excluded from copyright law and may therefore be considered to be in the public domain in their respective countries.[41] In the United States, when copy- righted material is enacted into the law, it enters the public domain. Thus, e.g., the building codes, when enacted, are in the public domain.[42] They may also be in the public domain in other countries as well. “It is axiomatic that material in the public domain is not protected by copyright, even when incorporated into a copyrighted work.”[43]
Dedicating works to the public domain
Release without copyright notice Before 1988 in the US, works could be easily given into the public domain by just releasing it without an explicit Copyright notice. With the Berne Convention Implementation Act of 1988 (and the earlier Copyright Act of 1976, which went into effect in 1978), all works were by default copyright protected and needed to be actively given into public domain by a waiver statement/anti-copyright notice.[44][45] Not all legal systems have processes for reliably donating works to the public domain, e.g. civil law of continental Europe. This may even “effectively prohibit any attempt by copyright owners to surrender rights automatically conferred by law, particularly moral rights".[46]
Public domain like licenses Main article: Public domain equivalent license 98 CHAPTER 6. DAY 6
An alternative is for copyright holders to issue a licence which irrevocably grants as many rights as possible to the general public. Real public domain makes licenses unnecessary, as no owner/author is required to grant permission ("Permission culture"). There are multiple licenses which aim release works into the public domain. In 2000 the WTFPL was released as public domain like software license.[47] In 2009 the Creative commons released the CC0, which was created for compatibility with also law domains which have no concept of dedicating into public domain. This is achieved by a public domain waiver statement and a fall-back all-permissive license, in case the waiver is not possible.[48][49] The Unlicense, published around 2010, has a focus on an Anti-copyright message. The Unlicense offers a public domain waiver text with a fall-back public domain-like license inspired by permissive licenses but without attribution.[50][51] In October 2014 the Open Knowledge Foundation recommends the Creative Commons CC0 license to dedicate content to the public domain,[52][53] and the Open Data Commons Public Domain Dedication and License (PDDL) for data.[54]
6.2.9 Patents
Main article: Term of patent
In most countries the term or rights for patents is 20 years, after which the invention becomes part of the public domain. In the United States, the contents of patents are considered valid and enforceable for twenty years from the date of filing within the United States or twenty years from the earliest date of filing if under 35 USC 120, 121, or 365(c).[55] However, the text and any illustration within a patent, provided the illustrations are essentially line drawings and do not in any substantive way reflect the “personality” of the person drawing them, are not subject to copyright protection.[56] This is separate from the patent rights just mentioned.
6.2.10 Trademarks
A trademark registration may remain in force indefinitely, or expire without specific regard to its age. For a trademark registration to remain valid, the owner must continue to use it. In some circumstances, such as disuse, failure to assert trademark rights, or common usage by the public without regard for its intended use, it could become generic, and therefore part of the public domain. Because trademarks are registered with governments, some countries or trademark registries may recognize a mark, while others may have determined that it is generic and not allowable as a trademark in that registry. For example, the drug “acetylsalicylic acid” (2-acetoxybenzoic acid) is better known as aspirin in the United States—a generic term. In Canada, however, “Aspirin”, with an uppercase A, is still a trademark of the German company Bayer, while aspirin, with a lowercase “a”, is not. Bayer lost the trademark in the United States, the UK and France after World War I, as part of the Treaty of Versailles. So many copycat products entered the marketplace during the war that it was deemed generic just three years later.[57] Bayer also lost the trademark for “Heroin”, which it trademarked a year before it trademarked Aspirin. Although Hormel resigned itself to genericide,[58] it has fought attempts by other companies to register "spam" as a trademark in relation to computer products.[59]
6.2.11 Public Domain Day
Main article: Public Domain Day Public Domain Day is an observance of when copyrights expire and works enter into the public domain.[60] This legal transition of copyright works into the public domain usually happens every year on 1 January based on the individual copyright laws of each country.[60] The observance of a “Public Domain Day” was initially informal; the earliest known mention was in 2004 by Wallace McLean (a Canadian public domain activist),[61] with support for the idea echoed by Lawrence Lessig.[62] As of 1 January 2010 a Public Domain Day website lists the authors whose works are entering the public domain.[63] There are activities in countries around the world by various organizations all under the banner Public Domain Day. 6.2. PUBLIC DOMAIN 99
6.2.12 See also
• Berne Convention
• Center for the Study of the Public Domain
• Copyfraud
• Copyleft
• Copyright status of work by the U.S. government
• Copyright Term Extension Act
• Creative Commons
• Eldred v. Ashcroft
• Fair dealing
• Free software
• Freedom of panorama
• Internet Archive
• Limitations and exceptions to copyright
• List of countries’ copyright length
• List of films in the public domain in the United States
• Millar v Taylor
• Orphan works
• Public Domain Day
• Public Domain Enhancement Act
• Public domain film
• Public domain image resources
• Public domain in the United States
• Public domain music
• Public domain software
• Rule of the shorter term
6.2.13 References
[1] Boyle, James (2008). The Public Domain: Enclosing the Commons of the Mind. CSPD. p. 38. ISBN 978-0-300-13740-8.
[2] Graber, Christoph B.; Nenova, Mira B. (2008). Intellectual Property and Traditional Cultural Expressions in a Digital Environment. Edward Elgar Publishing. p. 173. ISBN 978-1-84720-921-4.
[3] unprotected on bitlaw.com
[4] Copyright Protection Not Available for Names, Titles, or Short Phrases on copyright.gov “Listings of ingredients, as in recipes, labels, or formulas. When a recipe or formula is accompanied by an explanation or directions, the text directions may be copyrightable, but the recipe or formula itself remains uncopyrightable.”
[5] Lemley, Menell, Merges and Samuelson. Software and Internet Law, p. 34 “computer programs, to the extent that they embody an author’s original creation, are proper subject matter of copyright.” 100 CHAPTER 6. DAY 6
[6] SERPENT - A Candidate Block Cipher for the Advanced Encryption Standard “Serpent is now completely in the public domain, and we impose no restrictions on its use. This was announced on the 21st August at the First AES Candidate Conference.” (1999)
[7] KeccakReferenceAndOptimized-3.2.zip mainReference.c “The Keccak sponge function, designed by Guido Bertoni, Joan, Michaël Peeters and Gilles Van Assche. For more information, feedback or questions, please refer to our website: http: //keccak.noekeon.org/Implementation by the designers, hereby denoted as “the implementer”. To the extent possible un- der law, the implementer has waived all copyright and related or neighboring rights to the source code in this file. http: //creativecommons.org/publicdomain/zero/1.0/"
[8] skein_NIST_CD_121508.zip on skein-hash.info, skein.c “Implementation of the Skein hash function. Source code author: Doug Whiting, 2008. This algorithm and source code is released to the public domain.”
[9] disclaimer on rsb.info.nih.gov
[10] contributor_copyright on cia.gov “The World Factbook is prepared by the Central Intelligence Agency for the use of US Government officials,[...] The Factbook is in the public domain”
[11] Huang, H. (2009). “On public domain in copyright law”. Frontiers of Law in China. 4 (2): 178–195. doi:10.1007/s11463- 009-0011-6.
[12] Rose, C Romans, Roads, and Romantic Creators: Traditions of Public Property in the Information Age (Winter 2003) Law and Contemporary Problems 89 at p.5, p.4
[13] Torremans, Paul (2007). Copyright law: a handbook of contemporary research. Edward Elgar Publishing. pp. 134–135. ISBN 978-1-84542-487-9.
[14] Torremans, Paul (2007). Copyright law: a handbook of contemporary research. Edward Elgar Publishing. p. 154. ISBN 978-1-84542-487-9.
[15] Ronan, Deazley (2006). Rethinking copyright: history, theory, language. Edward Elgar Publishing. p. 103. ISBN 978-1- 84542-282-0.
[16] Torremans, Paul (2007). Copyright law: a handbook of contemporary research. Edward Elgar Publishing. p. 137. ISBN 978-1-84542-487-9.
[17] Ronan, Deazley (2006). Rethinking copyright: history, theory, language. Edward Elgar Publishing. p. 102. ISBN 978-1- 84542-282-0.
[18] Ronan, Deazley (2006). Rethinking copyright: history, theory, language. Edward Elgar Publishing. p. 104. ISBN 978-1- 84542-282-0.
[19] Ronan, Deazley (2006). Rethinking copyright: history, theory, language. Edward Elgar Publishing. p. 105. ISBN 978-1- 84542-282-0.
[20] Boyle, James (1 January 2008). “The Public Domain: Enclosing the Commons of the Mind”. Yale University Press. Retrieved 30 December 2016 – via Google Books.
[21] Graber, Christoph Beat; Nenova, Mira Burri (1 January 2008). “Intellectual Property and Traditional Cultural Expressions in a Digital Environment”. Edward Elgar Publishing. Retrieved 30 December 2016 – via Google Books.
[22] Guibault, Lucy; Bernt Hugenholtz (2006). The future of the public domain: identifying the commons in information law. Kluwer Law International. ISBN 9789041124357.
[23] Perry&Margoni (2010). “From music tracks to Google maps: who owns Computer Generated Works?". Computer Law and Security Review. Retrieved 7 September 2011.
[24] Stern, Prof Richard H. (2001). “L.H.O.O.Q. Internet related Derivative Works”. Supplemental material Computer Law 484. The George Washington University Law School. Retrieved 23 May 2010.
[25] Leaffer, Marshall A. (1995). Understanding copyright law. Legal text series; Contemporary Casebook Series (2nd ed.). M. Bender. p. 46. ISBN 0-256-16448-7.
[26] Introduction to intellectual property: theory and practice. Wold Intellectual Property Organisation, Kluwer Law Interna- tional. 1997. p. 313. ISBN 978-90-411-0938-5.
[27] Fishman, Stephen (September 2008). The copyright handbook: what every writer needs to know. Nolo. p. 178. ISBN 978-1-4133-0893-8. Retrieved 1 June 2010. 6.2. PUBLIC DOMAIN 101
[28] Fishman, Stephen (2008). Public domain: how to find and use copyright-free writings, music, art and more. Nolo. pp. 124–125. ISBN 978-1-4133-0858-7.
[29] Public Domain Trouble Spots - Copyright Overview by Rich Stim - Stanford Copyright and Fair Use Center. Section called “Public Domain Works That Are Modified”.
[30] Lundin, Anne H. (2 August 2004). Constructing the canon of children’s literature: beyond library walls and ivory towers. Routledge. p. 138. ISBN 978-0-8153-3841-3. Retrieved 1 June 2010.
[31] Young, Mark (ed.). The Guinness Book of Records 1999, Bantam Books, 358; Voigts-Virchow, Eckartm (2004), Janespot- ting and Beyond: British Heritage Retrovisions Since the Mid-1990s, Gunter Narr Verlag, 92.
[32] Homan, Sidney (2004). Directing Shakespeare: a scholar onstage. Ohio University Press. p. 101. ISBN 978-0-8214- 1550-4. Retrieved 1 June 2010.
[33] Kossak, Saskia (2005). “Frame my face to all occasions": Shakespeare’s Richard III on screen. Braumüller. p. 17. ISBN 978-3-7003-1492-9. Retrieved 1 June 2010.
[34] Cartmell, Deborah; Imelda Whelehan (2007). The Cambridge companion to literature on screen. Cambridge University Press. p. 69. ISBN 978-0-521-61486-3. Retrieved 1 June 2010.
[35] Metzger, Bruce M. (2006). The Oxford companion to the Bible. Oxford: Oxford Univ. Press. p. 618. ISBN 978- 0195046458.
[36] “Copyright, Designs and Patents Act 1988 (c. 48)". Office of Public Sector Information. 1988. p. 28. Retrieved 2 September 2008.
[37] “Creative Commons announces the Public Domain Mark”. The H Open. The H. 2010-10-12. Retrieved 2010-10-12.
[38] Diane Peters (2010-10-11). “Improving Access to the Public Domain: the Public Domain Mark”. Creative Commons. Retrieved 2010-10-12.
[39] Category:CC-PD-Mark on February 2016
[40] Dennis Karjala, “Judicial Oversight of Copyright Legislation”, 35 N. Ky. L. Rev. 253 (2008).
[41] Copyright Office Basics
[42] “Veeck v. Southern Building Code Congress Int'l, Inc./Opinion of the Court – Wikisource”. en.wikisource.org. Retrieved 15 March 2012.
[43] Nimmer, Melville B., and David Nimmer (1997). Nimmer on Copyright, section 13.03(F)(4). Albany: Matthew Bender.
[44] “Copyright Term and the Public Domain in the United States”. Retrieved 30 December 2016.
[45] Copyright Notice, U.S. Copyright Office Circular 3, 2008.
[46] “About CC0 — “No Rights Reserved"". Creative Commons. Retrieved 23 April 2013.
[47] Version 1.0 license on anonscm.debian.org
[48] “11/17: Lulan Artisans Textile Competition”. 17 June 2009. Retrieved 30 December 2016.
[49] Validity of the Creative Commons Zero 1.0 Universal Public Domain Dedication and its usability for bibliographic metadata from the perspective of German Copyright Law by Dr. Till Kreutzer, attorney-at-law in Berlin, Germany
[50] the-unlicense-a-license-for-no-license on ostatic.com by Joe Brockmeier (2010)
[51] The Unlicense on unlicense.org
[52] licenses on opendefinition.com
[53] Creative Commons 4.0 BY and BY-SA licenses approved conformant with the Open Definition by Timothy Vollmer on creativecommons.org (27 December 2013)
[54] pddl on opendatacommons.org
[55] Manual of Patent Examining Procedure available at http://www.uspto.gov/web/offices/pac/mpep/s2701.html
[56] Officer, Office of the Chief Communications. “Terms of Use for USPTO Websites”. Retrieved 30 December 2016.
[57] Aspirin, World of Molecules 102 CHAPTER 6. DAY 6
[58] “SPAM® Brand and the Internet”. Hormel Foods.
[59] Kieren McCarthy (31 January 2005). “Hormel Spam trademark case canned”. Retrieved 2 September 2008.
[60] Richmond, Shane (2010-01-01). “Happy Public Domain Day! Here’s to many more – Telegraph Blogs”. Blogs.telegraph.co.uk. Retrieved 2011-12-24.
[61] Happy Public Domain Day!, Wallace J.McLean, 1 January 2004.
[62] Lessig, Lawrence (2004-01-01). “public domain day - in Canada (Lessig Blog)". Lessig.org. Retrieved 2011-12-25.
[63] Public Domain Day 2010 at MetaFilter establishes the existence of the website at the time.
6.2.14 External links
• Internet Archive
• RetroFilm Vault Public Domain Movies Archive • Public Domain Review
• Center for the Study of the Public Domain, Duke University 6.2. PUBLIC DOMAIN 103
L.H.O.O.Q. (1919). Derivative work by the Dadaist Marcel Duchamp based on the Mona Lisa. 104 CHAPTER 6. DAY 6
Creative Commons' Public Domain Mark 6.2. PUBLIC DOMAIN 105
An English logo of the 2015/2016 Public Domain Day in Poland Chapter 7
Day 7
7.1 Digital watermarking
Watermarked image (Photo by ...)
A digital watermark is a kind of marker covertly embedded in a noise-tolerant signal such as an audio, video or image data. It is typically used to identify ownership of the copyright of such signal. “Watermarking” is the process of hiding digital information in a carrier signal; the hidden information should,[1] but does not need to, contain a relation to the carrier signal. Digital watermarks may be used to verify the authenticity or integrity of the carrier signal or to show the identity of its owners. It is prominently used for tracing copyright infringements and for banknote authentication. Like traditional physical watermarks, digital watermarks are often only perceptible under certain conditions, i.e. after using some algorithm.[2] If a digital watermark distorts the carrier signal in a way that it becomes easily perceivable, it may be considered less effective depending on its purpose.[2] Traditional watermarks may be applied to visible media
106 7.1. DIGITAL WATERMARKING 107
Example of a watermark overlay on an image; the logo of Wikipedia can be seen on the center to represent the owner of it.
(like images or video), whereas in digital watermarking, the signal may be audio, pictures, video, texts or 3D models. A signal may carry several different watermarks at the same time. Unlike metadata that is added to the carrier signal, a digital watermark does not change the size of the carrier signal. The needed properties of a digital watermark depend on the use case in which it is applied. For marking media files with copyright information, a digital watermark has to be rather robust against modifications that can be applied to the carrier signal. Instead, if integrity has to be ensured, a fragile watermark would be applied. Both steganography and digital watermarking employ steganographic techniques to embed data covertly in noisy signals. But whereas steganography aims for imperceptibility to human senses, digital watermarking tries to control the robustness as top priority. Since a digital copy of data is the same as the original, digital watermarking is a passive protection tool. It just marks data, but does not degrade it or control access to the data. One application of digital watermarking is source tracking. A watermark is embedded into a digital signal at each point of distribution. If a copy of the work is found later, then the watermark may be retrieved from the copy and the source of the distribution is known. This technique reportedly has been used to detect the source of illegally copied movies.
7.1.1 History
The term “Digital Watermark” was coined by Andrew Tirkel and Charles Osborne in December 1992. The first successful embedding and extraction of a steganographic spread spectrum watermark was demonstrated in 1993 by Andrew Tirkel, Charles Osborne and Gerard Rankin.[3] Watermarks are identification marks produced during the paper making process. The first watermarks appeared in 108 CHAPTER 7. DAY 7
Italy during the 13th century, but their use rapidly spread across Europe. They were used as a means to identify the papermaker or the trade guild that manufactured the paper. The marks often were created by a wire sewn onto the paper mold. Watermarks continue to be used today as manufacturer’s marks and to prevent forgery.
7.1.2 Applications
Digital watermarking may be used for a wide range of applications, such as:
• Copyright protection • Source tracking (different recipients get differently watermarked content) • Broadcast monitoring (television news often contains watermarked video from international agencies) • Video authentication • Software crippling on screencasting programs, to encourage users to purchase the full version to remove it. • Content management on social networks [4]
7.1.3 Digital watermarking life-cycle phases
General digital watermark life-cycle phases with embedding-, attacking-, and detection and retrieval functions
The information to be embedded in a signal is called a digital watermark, although in some contexts the phrase digital watermark means the difference between the watermarked signal and the cover signal. The signal where the watermark is to be embedded is called the host signal. A watermarking system is usually divided into three distinct steps, embedding, attack, and detection. In embedding, an algorithm accepts the host and the data to be embedded, and produces a watermarked signal. Then the watermarked digital signal is transmitted or stored, usually transmitted to another person. If this person makes a modification, this is called an attack. While the modification may not be malicious, the term attack arises from copyright protection application, where third parties may attempt to remove the digital watermark through modification. There are many possible modifications, for example, lossy compression of the data (in which resolution is diminished), cropping an image or video, or intentionally adding noise. Detection (often called extraction) is an algorithm which is applied to the attacked signal to attempt to extract the watermark from it. If the signal was unmodified during transmission, then the watermark still is present and it may be extracted. In robust digital watermarking applications, the extraction algorithm should be able to produce the watermark correctly, even if the modifications were strong. In fragile digital watermarking, the extraction algorithm should fail if any change is made to the signal.
7.1.4 Classification
A digital watermark is called robust with respect to transformations if the embedded information may be detected reliably from the marked signal, even if degraded by any number of transformations. Typical image degradations are JPEG compression, rotation, cropping, additive noise, and quantization. For video content, temporal modifications 7.1. DIGITAL WATERMARKING 109
and MPEG compression often are added to this list. A digital watermark is called imperceptible if the watermarked content is perceptually equivalent to the original, unwatermarked content.[5] In general, it is easy to create either robust watermarks—or—imperceptible watermarks, but the creation of both robust—and—imperceptible watermarks has proven to be quite challenging.[1] Robust imperceptible watermarks have been proposed as a tool for the protection of digital content, for example as an embedded no-copy-allowed flag in professional video content.[6] Digital watermarking techniques may be classified in several ways.
Robustness
A digital watermark is called “fragile” if it fails to be detectable after the slightest modification. Fragile watermarks are commonly used for tamper detection (integrity proof). Modifications to an original work that clearly are noticeable, commonly are not referred to as watermarks, but as generalized barcodes. A digital watermark is called semi-fragile if it resists benign transformations, but fails detection after malignant transformations. Semi-fragile watermarks commonly are used to detect malignant transformations. A digital watermark is called robust if it resists a designated class of transformations. Robust watermarks may be used in copy protection applications to carry copy and no access control information.
Perceptibility
A digital watermark is called imperceptible if the original cover signal and the marked signal are perceptually indis- tinguishable. A digital watermark is called perceptible if its presence in the marked signal is noticeable (e.g. Digital On-screen Graphics like a Network Logo, Content Bug, Codes, Opaque images). On videos and images, some are made trans- parent/translucent for convenience for consumers due to the fact that they block portion of the view; therefore de- grading it. This should not be confused with perceptual, that is, watermarking which uses the limitations of human perception to be imperceptible.
Capacity
The length of the embedded message determines two different main classes of digital watermarking schemes:
• The message is conceptually zero-bit long and the system is designed in order to detect the presence or the absence of the watermark in the marked object. This kind of watermarking scheme is usually referred to as zero-bit or presence watermarking schemes. Sometimes, this type of watermarking scheme is called 1-bit watermark, because a 1 denotes the presence (and a 0 the absence) of a watermark.
n • The message is an n-bit-long stream (m = m1 . . . mn, n ∈ N , with n = |m|) or M = {0, 1} and is mod- ulated in the watermark. These kinds of schemes usually are referred to as multiple-bit watermarking or non-zero-bit watermarking schemes.
Embedding method
A digital watermarking method is referred to as spread-spectrum if the marked signal is obtained by an additive modification. Spread-spectrum watermarks are known to be modestly robust, but also to have a low information capacity due to host interference. A digital watermarking method is said to be of quantization type if the marked signal is obtained by quantization. Quantization watermarks suffer from low robustness, but have a high information capacity due to rejection of host interference. A digital watermarking method is referred to as amplitude modulation if the marked signal is embedded by additive modification which is similar to spread spectrum method, but is particularly embedded in the spatial domain. 110 CHAPTER 7. DAY 7
7.1.5 Evaluation and benchmarking
The evaluation of digital watermarking schemes may provide detailed information for a watermark designer or for end-users, therefore, different evaluation strategies exist. Often used by a watermark designer is the evaluation of single properties to show, for example, an improvement. Mostly, end-users are not interested in detailed information. They want to know if a given digital watermarking algorithm may be used for their application scenario, and if so, which parameter sets seems to be the best.
7.1.6 Cameras
Epson and Kodak have produced cameras with security features such as the Epson PhotoPC 3000Z and the Kodak DC-290. Both cameras added irremovable features to the pictures which distorted the original image, making them unacceptable for some applications such as forensic evidence in court. According to Blythe and Fridrich, "[n]either camera can provide an undisputable proof of the image origin or its author”.[7] A secure digital camera (SDC) was proposed by Saraju Mohanty, et al. in 2003 and published in January 2004. This was not the first time this was proposed.[8] Blythe and Fridrich also have worked on SDC in 2004[7] for a digital camera that would use lossless watermarking to embed a biometric identifier together with a cryptographic hash.[9]
7.1.7 Reversible data hiding
Reversible data hiding is a technique which enables images to be authenticated and then restored to their original form by removing the digital watermark and replacing the image data that had been overwritten. This would make the images acceptable for legal purposes. The US Army also is interested in this technique for authentication of reconnaissance images.[10]
7.1.8 Watermarking for relational databases
Digital watermarking for relational databases has emerged as a candidate solution to provide copyright protection, tamper detection, traitor tracing, and maintaining integrity of relational data. Many watermarking techniques have been proposed in the literature to address these purposes. A survey of the current state-of-the-art and a classification of the different techniques according to their intent, the way they express the watermark, the cover type, granularity level, and verifiability was published in 2010 by Halder et al. in the Journal of Universal Computer Science.[11]
7.1.9 See also
• Audio watermark detection
• Coded Anti-Piracy
• Copy attack
• EURion constellation
• Pattern Recognition (novel)
• Steganography
• Traitor tracing
• Watermark (data file)
• Audio watermark
• Digital on-screen graphic
• Automatic content recognition 7.1. DIGITAL WATERMARKING 111
7.1.10 References
[1] Ingemar J. Cox: Digital watermarking and steganography. Morgan Kaufmann, Burlington, MA, USA, 2008
[2] Frank Y. Shih: Digital watermarking and steganography: fundamentals and techniques. Taylor & Francis, Boca Raton, FL, USA, 2008
[3] A.Z.Tirkel, G.A. Rankin, R.M. Van Schyndel, W.J.Ho, N.R.A.Mee, C.F.Osborne. “Electronic Water Mark”. DICTA 93, Macquarie University. p.666-673
[4] Zigomitros Athanasios; Papageorgiou Achilleas; Patsakis Constantinos (25 June 2012). Social network content manage- ment through watermarking. 2012 IEEE 11th International Conference on Trust, Security and Privacy in Computing and Communications (TrustCom). Liverpool. pp. 1381––1386.
[5] Khan, A. and Mirza, A. M. 2007. Genetic perceptual shaping: Utilizing cover image and conceivable attack information during watermark embedding. Inf. Fusion 8, 4 (Oct. 2007), 354-365
[6] “CPTWG Home Page”. cptwg.org.
[7] Paul Blythe; Jessica Fridrich, Secure Digital Camera (PDF)
[8] Saraju Mohanty, Nagarajan Ranganathan, and Ravi K. Namballa, VLSI Implementation of Visible Watermarking for a Secure Digital Still Camera Design (PDF), archived from the original (PDF) on 2016-03-04
[9] Toshikazu Wada; Fay Huang (2009), Advances in Image and Video Technology, pp. 340–341, ISBN 978-3-540-92956-7
[10] Unretouched by human hand, The Economist, December 12, 2002
[11] Raju Halder; Shantanu Pal; Agostino Cortesi, Watermarking Techniques for Relational Databases: Survey, Classification and Comparison (PDF), The Journal of Universal Computer Science, vol 16(21), pp. 3164-3190, 2010.hell0
7.1.11 Further reading
• ECRYPT report: Audio Benchmarking Tools and Steganalysis
• ECRYPT report: Watermarking Benchmarking
• Jana Dittmann, David Megias, Andreas Lang, Jordi Herrera-Joancomarti; Theoretical framework for a practi- cal evaluation and comparison of audio watermarking schemes in the triangle of robustness, transparency and capacity; In: Transaction on Data Hiding and Multimedia Security I; Springer LNCS 4300; Editor Yun Q. Shi; pp. 1–40; ISBN 978-3-540-49071-5,2006 PDF
• M. V. Smirnov. Holographic approach to embedding hidden watermarks in a photographic image //Journal of Optical Technology, Vol. 72, Issue 6, pp. 464-468
7.1.12 External links
• Digital Watermarking Alliance
• Digital Watermarking & Data Hiding research papers at forensics.nl
• Information hiding homepage by Fabien Petitcolas
• Robust Mesh Watermarking
• PhotoWaterMark technology: Holographic approach
• Watermarking Lecture 112 CHAPTER 7. DAY 7
7.2 Copy protection
Copy protection, also known as content protection, copy prevention and copy restriction, is any effort designed to prevent the reproduction of software, films, music, and other media, usually for copyright reasons.[1] Various methods have been devised to prevent reproduction so that companies will gain benefit from each person who obtains an authorized copy of their product. Unauthorized copying and distribution accounted for $2.4 billion in lost revenue in the United States alone in the 1990s,[2] and is assumed to be causing impact on revenues in the music and the game industry, leading to proposal of stricter copyright laws such as PIPA. Some methods of copy protection have also led to criticisms because it caused inconvenience for honest consumers, or it secretly installed additional or unwanted software to detect copying activities on the consumer’s computer. Making copy protection effective while protecting consumer rights is still an ongoing problem with media publication.
7.2.1 Terminology
Media corporations have always used the term copy protection, but critics argue that the term tends to sway the public into identifying with the publishers, who favor restriction technologies, rather than with the users.[3] Copy prevention and copy control may be more neutral terms. “Copy protection” is a misnomer for some systems, because any number of copies can be made from an original and all of these copies will work, but only in one computer, or only with one dongle, or only with another device that cannot be easily copied. The term is also often related to, and confused with, the concept of digital rights management. Digital rights manage- ment is a more general term because it includes all sorts of management of works, including copy restrictions. Copy protection may include measures that are not digital. A more appropriate term may be “technological protection measures” (TPMs),[4] which is often defined as the use of technological tools in order to restrict the use or access to a work.
7.2.2 Business rationale
Copy protection is most commonly found on videotapes, DVDs, computer software discs, video game discs and cartridges, audio CDs and some VCDs. Many media formats are easy to copy using a machine, allowing consumers to distribute copies to their friends, a practice known as “casual copying”. Companies publish works under copy protection because they believe that the cost of implementing the copy protec- tion will be less than the revenue produced by consumers who buy the product instead of acquiring it through casually copied media. Opponents of copy protection argue that people who obtain free copies only use what they can get for free, and would not purchase their own copy if they were unable to obtain a free copy. Some even argue that free copies increase profit; people who receive a free copy of a music CD may then go and buy more of that band’s music, which they would not have done otherwise. Some publishers have avoided copy-protecting their products, on the theory that the resulting inconvenience to their users outweighs any benefit of frustrating “casual copying”. From the perspective of the end user, copy protection is always a cost. DRM and license managers sometimes fail, are inconvenient to use, and may not afford the user all of the legal use of the product he has purchased. The term copy protection refers to the technology used to attempt to frustrate copying, and not to the legal remedies available to publishers or authors whose copyrights are violated. Software usage models range from node locking to floating licenses (where a fixed number licenses can be concurrently used across an enterprise), grid computing (where multiple computers function as one unit and so use a common license) and electronic licensing (where features can be purchased and activated online). The term license management refers to broad platforms which enable the specification, enforcement and tracking of software licenses. To safeguard copy protection and license management technologies themselves against tampering and hacking, software anti-tamper methods are used. Floating licenses are also being referred to as Indirect Licenses, and are licenses that at the time they are issued, there is no actually user who will use them. That has some technical influence over some of their characteristics. Direct Licenses are issued after a certain user requires it. As an example, an activated Microsoft product, contains a Direct License which is locked to the PC where the product is installed. 7.2. COPY PROTECTION 113
From business standpoint, on the other hand, some services now try to monetize on additional services other than the media content so users can have better experience than simply obtaining the copied product.[5]
7.2.3 Technical challenges
From a technical standpoint, it would seem theoretically impossible to completely prevent users from making copies of the media they purchase, as long as a “writer” is available that can write to blank media. The basic technical fact is that all types of media require a “player” — a CD player, DVD player, videotape player, computer or video game console. The player has to be able to read the media in order to display it to a human. In turn, then, logically, a player could be built that first reads the media, and then writes out an exact copy of what was read, to the same type of media. At a minimum, digital copy protection of non-interactive works is subject to the analog hole: regardless of any digital restrictions, if music can be heard by the human ear, it can also be recorded (at the very least, with a microphone and tape recorder); if a film can be viewed by the human eye, it can also be recorded (at the very least, with a video camera and recorder). In practice, almost-perfect copies can typically be made by tapping into the analog output of a player (e.g. the speaker output or headphone jacks) and, once redigitized into an unprotected form, duplicated indefinitely. Copying text-based content in this way is more tedious, but the same principle applies: if it can be printed or displayed, it can also be scanned and OCRed. With basic software and some patience, these techniques can be applied by a typical computer-literate user. Since these basic technical facts exist, it follows that a determined individual will definitely succeed in copying any media, given enough time and resources. Media publishers understand this; copy protection is not intended to stop professional operations involved in the unauthorized mass duplication of media, but rather to stop “casual copying”. Copying of information goods which are downloaded (rather than being mass-duplicated as with physical media) can be inexpensively customized for each download, and thus restricted more effectively, in a process known as "traitor tracing". They can be encrypted in a fashion which is unique for each user’s computer, and the decryption system can be made tamper-resistant.
7.2.4 Methods
For information on individual protection schemes and technologies, see List of copy protection schemes or relevant category page.
Computer software
Copy protection for computer software, especially for games, has been a long cat-and-mouse struggle between pub- lishers and crackers. These were (and are) programmers who would defeat copy protection on software as a hobby, add their alias to the title screen, and then distribute the “cracked” product to the network of warez BBSes or Internet sites that specialized in distributing unauthorized copies of software.
Early ages Further information: Bad sector § Copy protection
When computer software was still distributed in audio cassettes, audio copying was unreliable, while digital copying was time consuming. Software prices were comparable with audio cassette price.[2][6] To make digital copying more difficult, many programs used non-standard loading methods (loaders incompatible with standard BASIC loaders, or loaders that used different transfer speed. Unauthorized software copying began to be a problem when floppy disks became the common storage media.[6] The ease of copying depended on the system; Jerry Pournelle wrote in BYTE in 1983 that "CP/M doesn't lend itself to copy protection” so its users “haven't been too worried” about it, while "Apple users, though, have always had the problem. So have those who used TRS-DOS, and I understand that MS-DOS has copy protection features”.[7] Apple and Commodore 64 computers were extremely varied and creative because most of the floppy disk reading and writing was controlled by software (or firmware), not by hardware. The first copy protection was for cassette tapes and consisted of a loader at the beginning of the tape, which read a specially formatted section which followed. 114 CHAPTER 7. DAY 7
The first protection of floppy disks consisted of changing the address marks, bit slip marks, data marks, or end of data marks for each sector. For example, Apple’s standard sector markings were:
• D5 AA 96 for the address mark. That was followed by track, sector, and checksum.
• DE AA EB concluded the address header with what are known as bit slip marks.
• D5 AA AD was used for the data mark and the end of data mark was another DE AA EB.
Changing any of these marks required fairly minimal changes to the software routines in Apple DOS which read and wrote the floppy disk, but produced a disk that could not be copied by any of the standard copiers, such as Apple’s COPYA program. Some protection schemes used more complicated systems that changed the marks by track or even within a track.
1980s Locksmith Pournelle disliked copy protection and, except for games, refused to review software that used it. He did not believe that it was useful, writing in 1983 that “For every copy protection scheme there’s a hacker ready to defeat it. Most involve so-called nibble/nybble copiers, which try to analyze the original disk and then make a copy”.[7] IBM's Don Estridge agreed: “I guarantee that whatever scheme you come up with will take less time to break than to think of it.” While calling piracy “a threat to software development. It’s going to dry up the software”, he said “It’s wrong to copy-protect programs ... There ought to be some way to stop [piracy] without creating products that are unusable.”[8] By 1980, the first 'nibble' copier, Locksmith, was introduced. These copiers reproduced copy protected floppy disks an entire track at a time, ignoring how the sectors were marked. This was harder to do than it sounds for two reasons: firstly, Apple disks did not use the index hole to mark the start of a track; their drives could not even detect the index hole. Tracks could thus start anywhere, but the copied track had to have this “write splice”, which always caused some bits to be lost or duplicated due to speed variations, roughly in the same (unused for payload data) place as the original, or it would not work. Secondly, Apple used special “self-sync” bytes to achieve agreement between drive controller and computer about where any byte ended and the next one started on the disk. These bytes were written as normal data bytes followed by a slightly longer than normal pause, which was notoriously unreliable to detect on read-back; still, you had to get the self-sync bytes roughly right as without them being present in the right places, the copy would not work, and with them present in too many places, the track would not fit on the destination disk. Locksmith copied Apple II disks by taking advantage of the fact that these sync fields between sectors almost always consisted of a long string of FF (hex) bytes. It found the longest string of FFs, which usually occurred between the last and first sectors on each track, and began writing the track in the middle of that; also it assumed that any long string of FF bytes was a sync sequence and introduced the necessary short pauses after writing each of them to the copy. Ironically, Locksmith would not copy itself. The first Locksmith measured the distance between sector 1 of each track. Copy protection engineers quickly figured out what Locksmith was doing and began to use the same technique to defeat it. Locksmith countered by introducing the ability to reproduce track alignment and prevented itself from being copied by embedding a special sequence of nibbles, that if found, would stop the copy process. Henry Roberts (CTO of Nalpeiron), a graduate student in computer science at the University of South Carolina, reverse engineered Locksmith, found the sequence and distributed the information to some of the 7 or 8 people producing copy protection at the time. For some time, Locksmith continued to defeat virtually all of the copy protection systems in existence. The next advance came from Henry Roberts’ thesis on software copy protection, which devised a way of replacing Apple’s sync field of FFs with random appearing patterns of bytes. Because the graduate student had frequent copy protection discussions with Apple’s copy protection engineer, Apple developed a copy protection system which made use of this technique. Henry Roberts then wrote a competitive program to Locksmith, Back It UP. He devised several methods for defeating that, and ultimately a method was devised for reading self sync fields directly, regardless of what nibbles they contained. Copy protection sometimes caused software to not run on clones, such as the Apple II-compatible Laser 128.[9] The back and forth struggle between copy protection engineers and nibble copiers continued until the Apple II became obsolete and was replaced by the IBM PC and its clones. In 1989 Gilman Louie, head of Spectrum Holobyte, stated that copy protection added about $0.50 per copy to the cost of production of a game.[10] Other software relied on complexity; Antic in 1988 observed that WordPerfect for the Atari ST “is almost unusable without its manual of over 600 pages!".[11] (The magazine was mistaken; the ST version was so widely pirated that the company threatened to discontinue it.[12][13]) 7.2. COPY PROTECTION 115
1990s CD-R Floppy disks were later displaced by CDs as the preferred method of distribution, with companies like Macrovision and Sony providing copy protection schemes that worked by writing data to places on the CD-ROM where a CD-R drive cannot normally write. Such a scheme had been used for the PlayStation and could not be circumvented easily without the use of a modchip. For software publishers, a less expensive method of copy protection is to write the software so that it requires some evidence from the user that they have actually purchased the software, usually by asking a question that only a user with a software manual could answer (for example, “What is the 4th word on the 6th line of page 37?"). However, this approach can be exploited with the patience to copy the manual with a photocopier, and it also suffers from the issue of making the product more inconvenient for the end user to use.
Recent practices It has become very common for software to require activation by entering some proof of legal purchase such as:
• Name & Serial, a name and serial number that is given to the user at the time the software is purchased
• A phone activation code, which requires the user to call a number and register the product to receive a computer- specific serial number.
• Device ID, specifically tying a copy of software to a computer or mobile device based on a unique identifier only known to that device (like the IMEI of a smartphone).
To limit reusing activation keys to install the software on multiple machines, it has been attempted to tie the installed software to a specific machine by involving some unique feature of the machine. Serial number in ROM could not be used because some machines do not have them. Some popular surrogate for a machine serial number were date and time (to the second) of initialization of the hard disk or MAC address of Ethernet cards (although this is programmable on modern cards). With the rise of virtualization, however, the practice of locking has to add to these simple hardware parameters to still prevent copying.[14] Another approach to associating user and/or machine with serial number is product activation over the Internet, where users are required to have access to the Internet so the information on which serial number is installed on which machine gets sent to a server to be authenticated. Unauthorized users are not allowed to install or use the software. Microsoft's Windows Genuine Advantage system is a far-reaching example of this. With rise of Cloud computing, requiring Internet access is becoming more popular for software verification. Beyond online authentication, a standalone software may be integrated with the cloud so that key data or code is stored online. This could greatly strengthen the protection; for example, the software could store a property file or execute a process needed by the application in the cloud instead on the user’s computer.
Problems and criticisms The copy protection schemes described above have all been criticized for causing prob- lems for validly licensed users who upgrade to a new machine, or have to reinstall the software after reinitializing their hard disk. Some Internet product activation products allow replacement copies to be issued to registered users or multiple copies to the same license. Like all software, copy-protection software sometimes contains bugs, whose effect may be to deny access to validly licensed users. Most copy protection schemes are easy to crack, and once crackers circumvent the copy protection, the resulting cracked software is then more convenient and hence more valu- able than the non-cracked version, because users can make additional copies of the software. Due to this problem, user-interactive copy protection by asking questions from manuals has mostly disappeared. In his 1976 Open Letter to Hobbyists, Bill Gates complained that “most of you steal your software.” However, Gates initially rejected copy protection and said “It just gets in the way.” There is also the tool of software blacklisting that is used to enhance certain copy protection schemes.
Early video games
During the 1980s and 1990s, video games sold on audio cassette and floppy disks were sometimes protected with an external user-interactive method that demanded the user to have the original package or a part of it, usually the manual. Copy protection was activated not only at installation, but every time the game was executed.[15][16] Sometimes the copy protection code was needed not at launch, but at a later point in the game. This helped the gamer to experience the game (e.g. as a demonstration) and perhaps could convince them to buy it by the time the copy protection point was reached. 116 CHAPTER 7. DAY 7
Several imaginative and creative methods have been employed, in order to be both fun and hard to copy. These include:
• The most common method was requiring the player to enter a specific word (often chosen at random) from the manual. A variant of this technique involved matching a picture provided by the game to one in the manual and providing an answer pertaining to the picture (Ski or Die, 4D Boxing and James Bond 007; the Stealth Affair used this technique). Buzz Aldrin’s Race Into Space (in the floppy version but not the CD version) required the user to input an astronaut’s total duration in space (available in the manual) before the launch of certain missions. If the answer was incorrect, the mission would suffer a catastrophic failure.
• Manuals containing information and hints vital to the completion of the game, like answers to riddles (Conquests of Camelot, King’s Quest 6), recipes of spells (King’s Quest 3), keys to deciphering non-Latin writing systems (Ultima series, see also Ultima writing systems), maze guides (Manhunter), dialogue spoken by other characters in the game (Wasteland, Dragon Wars), excerpts of the storyline (most Advanced Dungeons and Dragons games and Wing Commander I), or a radio frequency to use to communicate with a character to further a game (Metal Gear Solid).
• Some sort of code with symbols, not existing on the keyboard or the ASCII code. This code was arranged in a grid, and had to be entered via a virtual keyboard at the request "What is the code at line 3 row 2?". These tables were printed on dark paper (Maniac Mansion, Uplink), or were visible only through a red transparent layer (Indiana Jones and the Last Crusade), making the paper very difficult to photocopy. Another variant of this method—most famously used on the ZX Spectrum version of Jet Set Willy—was a card with color sequences at each grid reference that had to be entered before starting the game. This also prevented monochrome photocopying. The codes in tables are based on a mathematical formula and can be calculated by using the row, line and page number if the formula is known, since the data would have required too much disk space.
• The Secret of Monkey Island offered a rotating wheel with halves of pirate’s faces. The game showed a face composed of two different parts and asked when this pirate was hanged on a certain island. The player then had to match the faces on the wheel, and enter the year that appeared on the island-respective hole. Its sequel had the same concept, but with magic potion ingredients. Other games that employed the code wheel system include Star Control.
• Zork games such as Beyond Zork and Zork Zero came with "feelies" which contained information vital to the completion of the game. For example, the parchment found from Zork Zero contained clues vital to solving the final puzzle. However, whenever the player attempts to read the parchment, they are referred to the game package.
• The Lenslok system used a plastic prismatic device, shipped with the game, which was used to descramble a code displayed on screen.
All of these methods proved to be troublesome and tiring for the players, and as such greatly declined in usage by the mid-1990s, at which point the emergence of CDs as the primary video game medium made copy protection largely redundant, since CD copying technology was not widely available at the time.[15] While not strictly a software protection, some game companies offered “value-added” goodies with the package, like funny manuals, posters, comics, storybooks or fictional documentation concerning the game (e.g. the Grail Diary for Indiana Jones or a police cadet notebook with Police Quest or the Hero’s manual of Quest for Glory or a copy of the National Inquisitor newspaper in Zak McKracken) in order to entice gamers to buy the package. This trend is re-emerging in modern gaming as an incentive to both buy games and discourage their resale; some games like Forza Motorsport 3 and Dragon Age: Origins provide bonus in-game material that will only be given if one buys the game new.
Video game console systems
When Sega’s Dreamcast was released in 1998, it came with a newer disc format, called the GD-ROM. Using a modified CD player, one could access the game functionality. Using a special swap method could allow reading a GD-ROM game through a CD-ROM just using common MIL-CD (standard CD Boot loading, commonly found on Windows Installation Discs, Linux Live CDs, and others). Dreamcasts sold after October 2000 contain a newer firmware update, not allowing MIL-CD boot. 7.2. COPY PROTECTION 117
The Xbox has a specific function: Non-booting or non-reading from CDs and DVD-Rs as a method of game copy protection. Also, the Xbox is said to use a different DVD file system (instead of UDF). It has been theorized that the discs have a second partition that is read from the outside in (opposite current standards thus making the second partition unreadable in PC DVD drives) which give the tracks the appearance that the disc was spun backwards during manufacture. The Xbox 360 copy protection functions by requesting the DVD drive compute the angular distance between specific data sectors on the disc. A duplicated DVD will return different values than a pressed original would. The PlayStation 2 has a map file that contains all of the exact positions and file size info of the CD in it, which is stored at a position that is beyond the file limit. The game directly calls the position at where the map file is supposed to be. This means that if the file is moved inside the limit, it is useless since the game is looking outside the limit for it, and the file will not work outside of the limit, making any copied disc unusable without a mod chip or the use of FMCB (free memory card boot). FMCB uses the memory card to trick the built-in DVD video software into booting copied games. Before a copied game can be played, it must have been patched with a free application. Nintendo’s Wii and Nintendo GameCube have their own specialty format for copy protection. It is based on DVD/miniDVD (Game Cube) technology; each disc contains some deliberately placed defects. The exact positions of these defects, which differ for each produced disc, is encoded encrypted in the BCA of each disc. The BCA is readable on most standard DVD-ROM Drives, but consumer burners can reproduce neither the BCA nor the defects. As an additional obfuscation mechanism, the on-disc sector format is a little bit different from normal DVDs. Nevertheless, it can be read using some consumer DVD-ROM drives with a firmware modification or “debug mode”. It is also possible to hack the Wii to install unlicensed software, some of which can use the Wii’s own drive to create disc images and then play these copies. The PSP, except the PSP Go, uses the Universal Media Disc, a media format similar to a MiniDisc. It holds about 1.2 GB. Although it cannot be copied, one can make an ISO image (a file version of the UMD) on a memory card and play it on custom firmware, which can be installed on the PSP. The PlayStation 3, Xbox One, and PlayStation 4 use Blu-ray BD-ROM discs. In addition to any protection provided by the consoles themselves, the BD-ROM format’s specification allows for a ROM-Mark which cannot be duplicated by consumer-level recorders. The BD-ROM format, in addition, provides considerable capacity: up to 100 gigabytes per disc with potential revision to provide more (many BD-ROM games use 40-50 gigabytes), making it unwieldy for online file-sharing, a major method of video game copying. To prevent the consoles themselves being hacked and used as a means to defeat these protections (as happened with the Wii and partially with the PlayStation 3), contemporary consoles employ trusted hardware paths that authenticate the internal hardware and software prior to operation. Some game developers, such as Markus Persson,[17] have encouraged consumers and other developers to embrace the reality of unlicensed copying and utilize it positively to generate increased sales and marketing interest.
Videotape
Companies such as Macrovision and Dwight Cavendish provided schemes to videotape publishers making copies unusable if they were created with a normal VCR. All major videotape duplicators licensed Macrovision or similar technologies to copy protect video cassettes for their clients or themselves. Starting in 1985 with the video release of "The Cotton Club", Macrovision licensed to publishers a technology that exploits the automatic gain control feature of VCRs by adding pulses to the vertical blanking sync signal.[18] These pulses do not affect the image a consumer sees on his TV, but do confuse the recording-level circuitry of consumer VCRs. This technology, which is aided by U.S. legislation mandating the presence of automatic gain-control circuitry in VCRs, is said to “plug the analog hole” and make VCR-to-VCR copies impossible, although an inexpensive circuit is widely available that will defeat the protection by removing the pulses. Macrovision has patented methods of defeating copy prevention,[19] giving it a more straightforward basis to shut down manufacture of any device that descrambles it than often exists in the DRM world. Another form of copy protection, MicroVision, was designed to prevent VCRs from recording a television program. Cable movie channels rejected it; Michael J. Fuchs of HBO said in 1985 that MicroVision was “not good technology” because it reduced picture quality and consumers could easily bypass it, while Peter Chernin of Showtime said “we want to accommodate our subscribers and we know they like to tape our movies”.[20] 118 CHAPTER 7. DAY 7
Audio CDs
By 2000, Napster had seen mainstream adoption, and several music publishers responded by starting to sell some CDs with various copy protection schemes. Most of these were playback restrictions that aimed to make the CD unusable in computers with CD-ROM drives, leaving only dedicated audio CD players for playback. This did not, however, prevent such a CD from being copied via an analogue connection or by ripping the CD under operating systems such as Linux, which was effective since copy-protection software was generally written for Microsoft Windows. These weaknesses led critics to question the usefulness of such protection. CD copy protection is achieved by assuming certain feature levels in the drives. The CD Digital Audio is the oldest CD standard and forms the basic feature set beyond which dedicated audio players need no instructions. CD-ROM drives additionally need to support mixed mode CDs (combined audio and data tracks) and multi-session CDs (multiple data recordings each superseding and incorporating data of the previous session). The play preventions in use intentionally deviate from the standards and intentionally include malformed multisession data or similar with the purpose of confusing the CD-ROM drives to prevent correct function. Simple dedicated audio CD players would not be affected by the malformed data since these are for features they do not support—for example, an audio player will not even look for a second session containing the copy protection data. In practice, results vary wildly. CD-ROM drives may be able to correct the malformed data and still play them to an extent that depends on the make and version of the drive. On the other hand, some audio players may be built around drives with more than the basic features required for audio playback. Some car radios with CD playback, portable CD players, CD players with additional support for data CDs containing MP3 files, and DVD players have had problems with these CDs. The deviation from the Red Book standard that defines audio CDs required the publishers of these copy-protected CDs to refrain from using the official CDDA logo on the discs or the cases. The logo is a trademark owned by Philips and Sony and licensed to identify compliant audio discs only. To prevent dissatisfied customers from returning CDs which were misrepresented as compliant audio CDs, such CDs also started to carry prominent notices on their covers. In general the audio can always be extracted by applying the principle of the analog hole. Additionally, such programs as IsoBuster may be capable of producing hidden audio files. Examples of CD copy protection schemes are Cactus Data Shield, Copy Control, and Data Position Measurement.
Other digital media
More recently, publishers of music and films in digital form have turned to encryption to make copying more difficult. CSS, which is used on DVDs, is a famous example of this. It is a form of copy protection that uses 40-bit encryption. Copies will not be playable since they will be missing the key, which is not writable on regular DVD-R or DVD- RW discs (except with special Qflix DVD-recorders and media). With this technique, the work is encrypted using a key only included in the firmware of “authorized” players, which allow only “legitimate” uses of the work (usually restricted forms of playback, but no conversion or modification). The controversial Digital Millennium Copyright Act provides a legal protection for this in the US, that would make it illegal to distribute “unauthorized” players—which was supposed to eliminate the possibility of building a DVD copier. However, encryption schemes designed for mass-market standardized media such as DVD suffer from the fundamental weaknesses that consumers have physical access to the devices containing the keys, and once implemented, the copy-protection scheme can never be changed without breaking the forward compatibility of older devices (or the backward compatibility of newer media). Since consumers are highly unlikely to buy new hardware for the sole purpose of preserving copy protection, manufacturers have been prevented from enhancing their DRM technology until recently, with the release of next-generation media such as HD DVD and Blu-ray Disc. This period represents more than enough time for the encryption scheme to be defeated by determined attackers. For example, the CSS encryption system used on DVD Video was broken within three years of its market release in November 1996 (see DeCSS), but has not been changed since, because doing so would immediately render all DVD players sold prior to the change incapable of reading new DVDs—this would not only provoke a backlash amongst consumers, but also restrict the market that the new DVDs could be sold to. More recent DVDs have attempted to augment CSS with additional protection schemes. Most modern schemes like ARccOS Protection use tricks of the DVD format in an attempt to defeat copying programs, limiting the possible avenues of protection—and making it easier for hackers to learn the innards of the scheme and find ways around it. The newest generations of optical disc media, HD DVD and Blu-ray Disc, attempt to address this issue. Both formats employ the Advanced Access Content System, which provides for several hundred different decryption keys (for the varying models of players to hit the market), each of which can be invalidated (“revoked”) should one of the keys be 7.2. COPY PROTECTION 119 compromised. Revoked keys simply will not appear on future discs, rendering the compromised players useless for future titles unless they are updated to fix the issue. For this reason, all HD-DVD players and some Blu-ray players include an ethernet port, to give them the ability to download DRM updates. Blu-ray Disc goes one step further with a separate technique called BD+, a virtual machine that can execute code included on discs to verify, authorize, revoke, and update players as the need arises. Since the protection program is on the disc rather than the player, this allows for updating protection programs within BD’s working life by simply having newer programs included on newer discs.
7.2.5 Notable payloads
Over time, software publishers (especially in the case of video games) became creative about crippling the software in case it was duplicated. These games would initially show that the copy was successful, but eventually render themselves unplayable via subtle methods. Many games use the “code checksumming” technique to prevent alteration of code to bypass other copy protection. Important constants for the game - such as the accuracy of the player’s firing, the speed of their movement, etc. - are not included in the game but calculated from the numbers making up the machine code of other parts of the game. If the code is changed, the calculation yields a result which no longer matches the original design of the game and the game plays improperly.
• Superior Soccer had no outward signs of copy protection, but if it decided it was not a legitimate copy, it would make the soccer ball in the game invisible, making it impossible to play the game. • In Sid Meier’s Pirates, if the player entered in the wrong information, s/he could still play the game, but at a level that would be very hard to make it far in the game. • As a more satirical nod to the issue, if the thriller-action game Alan Wake detects that the game is cracked or a pirated copy, it will replace tips in loading screens with messages telling the player to buy the game. If a new game is created on the copied game, an additional effect will take place. As a more humorous nod to “piracy”, Alan Wake will gain a black Eyepatch over his right eye, complete with a miniature Jolly Roger. • While the copy protection in Zak McKracken and the Alien Mindbenders was not hidden as such, the repercus- sions of missing the codes was unusual: the player would end up in jail (permanently), and the police officer would give a lengthy and condescending speech about software copying. • In case of copied versions of Settlers 3, the iron smelters would only produce pigs (a play on pig iron); weapon- smiths require iron to produce weapons, so players couldn't amass arms.[21] • Bohemia Interactive Studio developed a unique and very subtle protection system for its game Operation Flash- point: Cold War Crisis. Dubbed FADE, if it detects an unauthorized copy, it does not inform the player im- mediately but instead progressively corrupts aspects of the game (such as reducing the weapon accuracy to 0) to the point that it eventually becomes unplayable. The message “Original discs don't FADE” will eventually appear if the game is detected as being an unauthorized copy. FADE is also used in ArmA II.[22] They contin- ued these methods in Take On Helicopters, where the screen would blur and distort when playing a counterfeit copy.[23] • More recently, Batman: Arkham Asylum implemented a copy protection system where the game disables Batman’s glide system and various other features, rendering the player unable to continue beyond a certain point.[24] • The PC version of Grand Theft Auto IV has a copy protection that swings the camera as though the player was drunk. If the player enters a vehicle it will automatically throttle, making it difficult to steer. It also damages the vehicle, making it vulnerable to collisions and bullets. An update to the game prevented unauthorised copies from accessing the in-game Internet browser, making it impossible to finish the game as some missions involve browsing the web for objectives. • EarthBound is well-documented for its extensive use of Checksums to ensure that the game is being played on legitimate hardware. If the game detects that it is being played on a European SNES, it refuses to boot, as the first of several checksums has failed. A second checksum will weed out most unauthorized copies of the game, but hacking the data to get past this checksum will trigger a third checksum that makes enemy encounters appear much more often than in an authorized copy, and if the player progresses through the game without giving up (or cracks this protection), a final checksum code will activate before the final boss battle, freezing the game and deleting all the save files.[25] 120 CHAPTER 7. DAY 7
• In an unauthorized version of the PC edition of Mass Effect, the game save mechanism would not work and the in-game galactic map would cause the game to crash. As the galactic map is needed to travel to different sections of the game, the player would be stuck in the first section of the game.
• If an unauthorized version of The Sims 2 was used, the Build Mode would not work properly. Walls would not be able to be built on the player’s property, which prevents the player from building any custom houses. Some furniture and clothing selections would not be available either.
• A March 2009 update to the BeeJive IM iPhone app included special functionality for users of the unauthorized version: the screen would read "PC LOAD LETTER" whenever the user tried to establish a connection to any IM service, then quickly switch to a YouTube clip from the movie Office Space.[26]
• Red Alert 2 has a copy protection system, where if an unlicensed version of it is detected, the player’s entire base is destroyed within 30 seconds of the player joining a match.
• The DS version of Michael Jackson: The Experience has a copy protection system where vuvuzela noises are heard as the music is playing, the notes are invisible, making the game impossible to play, and the game freezes upon the player pausing it.
• Older versions of Autodesk 3ds Max use a dongle for copy protection; if it is missing, the program will randomly corrupt the points of the user’s model during usage, destroying their work.
• Older versions of CDRWIN used a serial number for initial copy protection. However, if this check was bypassed, a second hidden check would activate causing a random factor to be introduced into the CD burning process, producing corrupted “coaster” disks.
• Terminate, a BBS terminal package, would appear to operate normally if cracked but would insert a warning that a pirated copy was in use into the IEMSI login packet it transmitted, where the sysop of any BBS the user called could clearly read it.
• Ubik’s Musik, a music creation tool for the Commodore 64, would transform into a Space Invaders game if it detected that a cartridge-based copying device had attempted to interrupt it. This combined copy protection and an easter egg, as the message that appears when it occurs is not hostile (“Plug joystick in port 1, press fire, and no more resetting/experting!")
• The Amiga version of Bomberman featured a multitap peripheral that also acted as a dongle. Data from the multitap was used to calculate the time limit of each level. If the multitap was missing, the time limit would be calculated as 0, causing the level to end immediately.
• Nevermind, a puzzle game for the Amiga, contained code that caused an unlicensed version of the game to behave as a demo. The game would play three levels sampled from throughout the game, and then give the message “You have completed three levels; however there are 100 levels to complete on the original disc.”
• In Spyro: Year of the Dragon a character named Zoe will tell the player outside the room containing the balloon to Midday Garden Home and several other areas that she is using an unlicensed copy. This conversation purposely corrupts data. When corrupted, the game would not only remove stray gems and the ability to progress in certain areas but also make the final boss unbeatable, returning the player to the beginning of the game (and removing the save file at the same time) after about 8 seconds into the battle.[27]
• The Atari Jaguar console would freeze at startup and play the sound of an enraged jaguar snarling if the inserted cartridge failed the initial security check.
• The Lenslok copy protection system gave an obvious message if the lens-coded letters were entered incorrectly, but if the user soft-reset the machine, the areas of memory occupied by the game would be flooded with the message “THANK YOU FOR YOUR INTEREST IN OUR PRODUCT. NICE TRY. LOVE BJ/NJ” to prevent the user examining leftover code to crack the protection.
• An update to the sandbox game Garry’s Mod enabled a copy protection mechanism that outputs the error “Unable to shade polygon normals” if the game detects that it has been copied. The error also includes the user’s Steam ID as an error ID, meaning that users can be identified by their Steam account when asking for help about the error on the Internet. 7.2. COPY PROTECTION 121
Piracy warning in Spyro: Year of the Dragon
• The Atari version of Alternate Reality: The Dungeon would have the player’s character attacked by two un- beatable “FBI Agents” if it detected a cracked version. The FBI agents would also appear when restoring a save which was created by such a version, even if the version restoring the save was legal. • VGA Planets, a play-by-BBS strategy game, contained code in its server which would check all clients’ submit- ted turns for suspect registration codes. Any player deemed to be using a cracked copy, or cheating in the game, would have random forces destroyed throughout the game by an unbeatable enemy called “The Tim Contin- uum” (after the game’s author, Tim Wissemann). A similar commercial game, Stars!, would issue empty turn updates for players with invalid registration codes, meaning that none of their orders would ever be carried out. • On a copied version of the original PC version of Postal, as soon as the game was started the player character would immediately shoot himself in the head. • An unlicensed version of Serious Sam 3: BFE spawns a large immortal monster early on in the game.[28] • An unauthorized copy of Pokémon Black and White and their sequels will run as if it was normal, but the Pokémon will not gain any experience points after a battle. This has since been solved by patching the game’s files. • If Ace Attorney Investigations 2 detects an illegitimate or downloaded copy of the game, it will convert the entire game’s text into the game’s symbol based foreign language, Borginian, which cannot be translated in any way. • The unlicensed version of indie game Game Dev Tycoon, in which the player runs a game development com- pany, will dramatically increase the piracy rate of the games the player releases to the point where no money can be made at all, and disable the player’s ability to take any action against it [29][30] • In Crytek’s Crysis, if the player uses a naive copy of the game, his bullets are replaced by harmless chickens, making it almost impossible to beat the game without cracking the game. • In Crytek’s "Crysis 3", if a player used an unlicensed copy of the game, he is not able to defeat the last boss (The Alpha Ceph), thus making it impossible to beat the game. 122 CHAPTER 7. DAY 7
• In Five Nights at Freddy’s, if the game is unauthorized, exiting the game will only take place after the player is subjected to one of the animatronics attacking and killing him, complete with the screeching sounds normally heard when the player is caught. The game plays normally, however.
The usage of copy protection payloads which lower playability of a game without making it clear that this is a result of copy protection is now generally considered unwise, due to the potential for it to result in unaware players with unli- censed copies spreading word-of-mouth that a game is of low quality. The authors of FADE explicitly acknowledged this as a reason for including the explicit warning message.
7.2.6 Anti-piracy
Anti-piracy measures are efforts to fight against copyright infringement, counterfeiting, and other violations of intellectual property laws. It includes, but is by no means limited to, the combined efforts of corporate associations (such as the RIAA and MPAA), law enforcement agencies (such as the FBI and Interpol), and various international governments to combat copyright infringement relating to various types of creative works, such as software, music and films. These measures often come in the form of copy protection measures such as DRM, or measures implemented through a content protection network, such as Distil Networks or Incapsula. Richard Stallman and the GNU Project have criticized the use of the word “piracy” in these situations, saying that publishers use the word to refer to “copying they don't approve of” and that “they [publishers] imply that it is ethically equivalent to attacking ships on the high seas, kidnapping and murdering the people on them”.[31] Certain forms of Anti-Piracy (such as DRM), are considered by consumers to control the use of the products content after sale. In the case MPAA v. Hotfile, a Judge Kathleen M. Williams granted a motion to deny the prosecution the usage of words she views as “pejorative”. This list included the word “piracy”, the use of which, the motion by the defense stated, would serve no purpose but to misguide and inflame the jury. The plaintiff argued the common use of the terms when referring to copyright infringement should invalidate the motion, but the Judge did not concur.[32]
7.2.7 Anti-piracy in file sharing
Today copyright infringement is often facilitated by the use of file sharing. In fact, infringement accounts for 23.8% of all internet traffic today.[33] In an effort to cut down on this, both large and small film and music corporations have issued DMCA takedown notices, filed lawsuits, and pressed criminal prosecution of those who host these file sharing services.[34][35][36][37]
7.2.8 Examples
• On June 30, 2010, U.S. Immigration and Customs Enforcement (ICE) cracked down on many video-hosting websites including NinjaVideo.
• RIAA suing file-sharers that share music over P2P networks
• MPAA encryption of DVD movies using the CSS cipher and prohibiting the distribution and use of DeCSS, while also having the effect of banning free/open source DVD player software.
• "Coded Anti-Piracy", also called CAP codes, as a way to put a forensic identification on the film to trace back illegal copies of films to the source.
• Metal Gear Solid and many other computer games require a piece of information from the game’s jewel case for the player to progress after a certain point, making unauthorized copies effectively worthless without the original jewel case; however in the present day, said information can be easily be found on the Internet.
• Microsoft removing Windows Vista and Microsoft Office from various torrent trackers
• Certain SNES games such as Super Mario All Stars and Donkey Kong Country may sometimes show warning screens, usually caused by dirty or damaged cartridges or use of third-party peripherals. 7.2. COPY PROTECTION 123
• EarthBound (Mother 2) for the SNES, in addition to showing warning screens and drastically increasing the number of enemies, deliberately crashes itself at the final boss fight forcing the player to reset the game; upon attempting to reload the game, the player’s saved games are deleted if the copy is detected to be unauthorized.
• Rockman EXE Operate Shooting Star has anti-copying code that causes every step the player takes to reveal an enemy, also in an unauthorized copy.
• Command and Conquer: Red Alert 2 contained code that detected unauthorized game copies and caused all of the player’s buildings and units to explode a few seconds into gameplay, effectively rendering the copy useless. However this also ended up being a double edged sword as some players who legitimately owned a copy of the game reported this happening.
• Batman: Arkham Asylum contained code that disabled Batman’s glider cape, making some areas of the game very difficult to complete and a certain achievement/trophy impossible to unlock (gliding continuously for over 100m).
• In Serious Sam 3: BFE, if the game code detects what it believes to be an unauthorized copy, an invincible scorpion-like monster is spawned in the beginning of the game with high speeds, melee attacks, and attacks from a range with twin chainguns making the game extremely difficult and preventing the player to progress further. Also in the level “Under the Iron Cloud”, the player’s character will spin out-of-control looking up in the air.
• Michael Jackson: The Experience for the Nintendo DS makes the game unplayable by making the touchscreen controls non-functional and every song turns into vuvuzela noise.
• In Mirror’s Edge, during the game, the player’s character starts to slow down making it impossible to jump over ledges and proceed further in the game.
• Grand Theft Auto IV has the screen shaken with the “drunken cam” throughout the whole game making it impossible to complete some parts of the game.
• ARMA 2 uses the FADE technology to detect unauthorized copies. If the check fails, the player’s guns will have decreased accuracy and will become progressively worse throughout the game. In addition, a “drunken vision” mode will sometimes activate wherein the screen becomes wavy.
• Classic NES Series features a “mirroring”. If a Classic NES Series game is emulated or the cart doesn't feature “mirroring”, the player will fall victim to copy protection. For example, in “Classic NES Series - Castlevania”, the player becomes unable to move the character at all.
• IndyCar Series (2002 video game) uses the aforementioned FADE technology. The second-to-last section of the manual states:
Copying commercial games, such as this one, is a criminal offense and copyright infringement.
Copying and re-supplying games such as this one can lead to a term of imprisonment. Think of a pirated game as stolen property. This game is protected by the FADE system. You can play with a pirated game- but not for long. The quality of a pirated game will degrade over time.
Purchase only genuine software at legitimate stores.
7.2.9 See also
• Digital rights management
• Digital watermarking
• Floating licensing
• Cheat cartridge
• License manager 124 CHAPTER 7. DAY 7
• List of copy protection schemes
• Software anti-tamper
• Sony BMG CD copy protection scandal
• Tamper resistance
• Trade group efforts against file sharing
7.2.10 References
[1] Thomas Obnigene, DVD Glossary, filmfodder.com 2007. Retrieved July 19, 2007.
[2] Greg Short, Comment, Combatting Software Piracy: Can Felony Penalties for Copyright Infringement Curtail the Copying of Computer Software?, 10 Santa Clara Computer & High Tech. L.J. 221 (1994). Available at: http://digitalcommons. law.scu.edu/chtlj/vol10/iss1/7
[3] Confusing Words and Phrases that are Worth Avoiding, GNU Project - Free Software Foundation (FSF).
[4] How do technological protection measures work?, World Intellectual Property Organization
[5] Wallach, D.S. (Oct 2011). “Copy protection technology is doomed”. Computer. 34 (10): 48–49. doi:10.1109/2.955098. Retrieved 2013-02-10.
[6] Copy Protection: A History and Outlook http://www.studio-nibble.com/countlegger/01/HistoryOfCopyProtection.html
[7] Pournelle, Jerry (June 1983). “Zenith Z-100, Epson QX-10, Software Licensing, and the Software Piracy Problem”. BYTE. p. 411. Retrieved 20 October 2013.
[8] Curran, Lawrence J.; Shuford, Richard S. (November 1983). “IBM’s Estridge”. BYTE. pp. 88–97. Retrieved 19 March 2016.
[9] Mace, Scott (1986-01-13). “Two Firms Plan to Sell Apple Clone”. InfoWorld.
[10] Louie, Gilman (April 1989). “Low Shelf 'ST'eem”. Computer Gaming World (letter). p. 4.
[11] Pearlman, Gregg (May 1988). “WordPerfect ST / Proving why it’s the IBM PC best seller”. Antic. Vol. 7 no. 1.
[12] “Word Perfect Furor”.
[13] “ST USER”.
[14] Dominic Haigh (2010-06-28). “Copy protection on virtual systems”. Knol.google.com. Retrieved 2010-12-06.
[15] “The Next Generation 1996 Lexicon A to Z: Copy Protection”. Next Generation. No. 15. Imagine Media. March 1996. p. 32.
[16] Retro Gamer issue 83, “Don't copy that floppy”
[17] “Please Steal My Game”. getminecraftforfree.org. Retrieved 3 August 2013.
[18] Some relevant patents are U.S. Patent 4,631,603; U.S. Patent 4,577,216; U.S. Patent 4,819,098; and U.S. Patent 4,907,093.
[19] One such patent is U.S. Patent 5,625,691.
[20] Holsopple, Barbara (1985-06-05). “Pay-TV looks elsewhere as theatrical movies lose their appeal”. The Pittsburgh Press. pp. C12. Retrieved 25 January 2015.
[21] Sven Liebich, Germany. “Settlers3.com”. Settlers3.com. Retrieved 2010-12-06.
[22] “FADE Game Copy Protections”. GameBurnWorld. Retrieved 2010-12-06.
[23] “Bohemia Interactive Details Unique Anti-Piracy Methods”. GamePolitics.
[24] “Afterdawn.com”. Afterdawn.com. 2009-09-09. Retrieved 2010-12-06.
[25] “MOTHER 2 / EarthBound Anti-Piracy Measures”. Starmen.Net. Retrieved 2010-12-06.
[26] “Beejive IM Moves To Block Out iPhone Pirates”. washingtonpost.com. 2009-03-19. Retrieved 2010-12-06. 7.2. COPY PROTECTION 125
[27] Dodd, Gavin (2001-10-17). “Keeping the Pirates at Bay: Implementing Crack Protection for Spyro: Year of the Dragon”. Gamasutra. Archived from the original on 2010-12-30. Retrieved 2008-03-28.
[28] Walker, John. “Serious Sam’s DRM Is A Giant Pink Scorpion”. Rock, Paper, Shotgun.
[29] Patrick (April 29, 2013). “What happens when pirates play a game development simulator and then go bankrupt because of piracy?".
[30] Ernesto (April 29, 2013). “Game Pirates Whine About Piracy in Game Dev Simulator”. TorrentFreak.
[31] Stallman, Richard. “Confusing Words and Phrases That Are Worth Avoiding”. Free Software, Free Society: The Selected Essays of Richard M. Stallman. GNU Press. Archived from the original on 31 May 2010. Retrieved June 1, 2010.
[32] “MPAA Banned From Using Piracy and Theft Terms in Hotfile Trial”. Archived from the original on 30 November 2013. Retrieved November 30, 2013.
[33] Boorstin, Julia (January 31, 2011). “Piracy Rules the Web, Dominating 23.8% of Internet Traffic”. CNBC Media Money. Retrieved 28 May 2013.
[34] Masnick, Mike (May 29, 2012). “Fox Issues DMCA Takedown To Google Over SF Chronicle Article... Claiming It Was The Movie 'Chronicle'". Techdirt. Retrieved 28 May 2013.
[35] Menta, Rich. “RIAA Sues Music Startup Napster for $20 Billion”. MP3Newswire. Retrieved 28 May 2013.
[36] enigmax (April 17, 2009). “The Pirate Bay Trial: The Official Verdict – Guilty”. TorrentFreak. Retrieved 28 May 2013.
[37] Boorstin, julia (2013-02-06). “The Weakest Link”. The Hindu. Chennai, India.
7.2.11 External links
• Copy Protection in depth
• Evaluating New Copy-Prevention Techniques for Audio CDs • Disk Preservation Project Discusses and analyzes protections used on old floppy-based systems.
• Comprehensive article on video game piracy and its prevention. • Several algorithms used to generate serial keys Chapter 8
Day 8
8.1 License
A license or licence[1] (American and British English spelling differences) is an official permission or permit to do, use, or own something (as well as the document of that permission or permit).[1] A license may be granted by a party (“licensor”) to another party (“licensee”) as an element of an agreement between those parties. A shorthand definition of a license is “an authorization (by the licensor) to use the licensed material (by the licensee).” In particular, a license may be issued by authorities, to allow an activity that would otherwise be forbidden. It may require paying a fee and/or proving a capability. The requirement may also serve to keep the authorities informed on a type of activity, and to give them the opportunity to set conditions and limitations. A licensor may grant a license under intellectual property laws to authorize a use (such as copying software or using a (patented) invention) to a licensee, sparing the licensee from a claim of infringement brought by the licensor.[2] A license under intellectual property commonly has several components beyond the grant itself, including a term, territory, renewal provisions, and other limitations deemed vital to the licensor. Term: many licenses are valid for a particular length of time. This protects the licensor should the value of the license increase, or market conditions change. It also preserves enforceability by ensuring that no license extends beyond the term of the agreement. Territory: a license may stipulate what territory the rights pertain to. For example, a license with a territory limited to “North America” (Mexico/United States/Canada) would not permit a licensee any protection from actions for use in Japan. A shorthand definition of license is “a promise by the licensor not to sue the licensee.” That means without a license any use or exploitation of intellectual property by a third party would amount to copying or infringement. Such copying would be improper and could, by using the legal system, be stopped if the intellectual property owner wanted to do so.[3] Intellectual property licensing plays a major role in business, academia and broadcasting. Business practices such as franchising, technology transfer, publication and character merchandising entirely depend on the licensing of intel- lectual property. Land licensing (proprietary licensing) and IP licensing form sub-branches of law born out of the interplay of general laws of contract and specific principles and statutory laws relating to these respective assets.
8.1.1 Mass licensing of software
Main article: Software license agreement
Mass distributed software is used by individuals on personal computers under license from the developer of that software. Such license is typically included in a more extensive end-user license agreement (EULA) entered into upon the installation of that software on a computer. Typically, a license is associated with a unique code, that when approved grants the end user access to the software in question.
126 8.1. LICENSE 127
Under a typical end-user license agreement, the user may install the software on a limited number of computers. The enforceability of end-user license agreements is sometimes questioned.
8.1.2 Patent license
8.1.3 Trademark and brand licensing
A licensor may grant permission to a licensee to distribute products under a trademark. With such a license, the licensee may use the trademark without fear of a claim of trademark infringement by the licensor. The assignment of a license often depends on specific contractual terms. The most common terms are, that a license is only applicable for a particular geographic region, just for a certain period of time or merely for a stage in the value chain. Moreover, there are different types of fees within the trademark and brand licensing. The first form demands a fee independent of sales and profits, the second type of license fee is dependent on the productivity of the licensee. When a licensor grants permission to a licensee to not only distribute, but manufacture a patented product, it is known as licensed production.
8.1.4 Artwork and character licensing
A licensor may grant a permission to a licensee to copy and distribute copyrighted works such as “art” (e.g., Thomas Kinkade's painting “Dawn in Los Gatos”) and characters (e.g., Mickey Mouse). With such license, a licensee need not fear a claim of copyright infringement brought by the copyright owner. Artistic license is, however, not related to the aforementioned license. It is a euphemism that denotes freedom of expression, the ability to make the subject appear more engaging or attractive, by fictionalising part of the subject.
8.1.5 Academia
National examples of the licentiate are listed at licentiate (degree)
A licentiate is a an academic degree that traditionally conferred the license to teach at a university or to practice a particular profession. The term survived despite the fact that nowadays a doctorate is typically needed in order to teach at a university. The term is also used for a person who holds a licentiate.[4][5] In English, the degree has never been called a license. In French-speaking countries, the bachelor’s degree is called a licence. In Sweden, Finland, and in some other European university systems, a 'licentiate' is a postgraduate degree between the master’s degree and the doctorate. The licentiate is a popular choice in those countries where a full doctoral degree would take five or more years to achieve.
8.1.6 Vehicle licensing
See also: Driver’s license
A license to driving certain vehicles has been applied to many countries around the world. Being allowed to drive a certain vehicle requires a specific driving license, the type of license depending on the type of vehicle.
8.1.7 See also
Intellectual property-related:
• Brand licensing
• Compulsory license
• Cross-licensing 128 CHAPTER 8. DAY 8
• Licensed production • Music licensing • Smartphone patent licensing and litigation • Software license • Statutory license
Other:
• Amateur radio license • Banking license • Broadcast license • Dog license • Driver’s license • Firearms license • Golf license • Hunting license • Law license • License to kill • Licensee • Licensing context (linguistics) • Liquor license • Marriage license • Medical license • Pilot license • Professional license • Television license • Vehicle license
8.1.8 References
[1] Cambridge Advanced Learner’s Dictionary
[2] Intellectual Property Licensing: Forms and Analysis, by Richard Raysman, Edward A. Pisacreta and Kenneth A. Adler. Law Journal Press, 1999-2008. ISBN 978-1-58852-086-9
[3] Licensing Intellectual Property: Law & Management, by Raman Mittal. Satyam Law International, New Delhi, India, 2011. ISBN 978-81-902883-4-7.
[4] Oxford Living Dictionaries Accessed September 16, 2012
[5] Merriam-Webster.com
8.1.9 External links
• FOSS Licensing at Wikibooks Chapter 9
Day 9
9.1 Contract
“Legally binding” redirects here. For other uses, see wiktionary:legally binding. “Contracting” redirects here. For other uses, see Contract (disambiguation).
A contract is a voluntary arrangement between two or more parties that is enforceable by law as a binding legal agreement. Contract is a branch of the law of obligations in jurisdictions of the civil law tradition. Contract law concerns the rights and duties that arise from agreements.[1] A contract arises when the parties agree that there is an agreement. Formation of a contract generally requires an offer, acceptance, consideration, and a mutual intent to be bound. Each party to a contract must have capacity to enter the agreement. Minors, intoxicated persons, and those under a mental affliction may have insufficient capacity to enter a contract. Some types of contracts may require formalities, such as a memorialization in writing.
9.1.1 Formation
At common law, the elements of a contract are offer, acceptance, intention to create legal relations, and consideration. Not all agreements are necessarily contractual, as the parties generally must be deemed to have an intention to be legally bound.A gentlemen’s agreement is one which is not intended to be legally enforceable, and which is “binding in honour only”.[2]
Offer and acceptance
Main articles: Offer and acceptance and Meeting of the minds
In order for a contract to be formed, the parties must reach mutual assent (also called a meeting of the minds). This is typically reached through offer and an acceptance which does not vary the offer’s terms, which is known as the "mirror image rule". An offer is a definite statement of the offeror’s willingness to be bound should certain conditions be met.[3] If a purported acceptance does vary the terms of an offer, it is not an acceptance but a counteroffer and, therefore, simultaneously a rejection of the original offer. The Uniform Commercial Code disposes of the mirror image rule in §2-207, although the UCC only governs transactions in goods in the USA. As a court cannot read minds, the intent of the parties is interpreted objectively from the perspective of a reasonable person,[4] as determined in the early English case of Smith v Hughes [1871]. It is important to note that where an offer specifies a particular mode of acceptance, only an acceptance communicated via that method will be valid.[5] Contracts may be bilateral or unilateral. A bilateral contract is an agreement in which each of the parties to the contract makes a promise[6] or set of promises to each other. For example, in a contract for the sale of a home, the buyer promises to pay the seller $200,000 in exchange for the seller’s promise to deliver title to the property. These common contracts take place in the daily flow of commerce transactions, and in cases with sophisticated or expensive promises may involve extensive negotiation and various condition precedent requirements, which are requirements
129 130 CHAPTER 9. DAY 9
that must be met for the contract to be fulfilled. Less common are unilateral contracts in which one party makes a promise, but the other side does not promise anything. In these cases, those accepting the offer are not required to communicate their acceptance to the offeror. In a reward contract, for example, a person who has lost a dog could promise a reward if the dog is found, through publication or orally. The payment could be additionally conditioned on the dog being returned alive. Those who learn of the reward are not required to search for the dog, but if someone finds the dog and delivers it, the promisor is required to pay. In the similar case of advertisements of deals or bargains, a general rule is that these are not contractual offers but merely an “invitation to treat” (or bargain), but the applicability of this rule is disputed and contains various exceptions.[7] The High Court of Australia stated that the term unilateral contract is “unscientific and misleading”.[8] In certain circumstances, an implied contract may be created. A contract is implied in fact if the circumstances imply that parties have reached an agreement even though they have not done so expressly. For example, a patient may implicitly enter a contract by visiting a doctor and being examined; if the patient refuses to pay after being examined, the patient has breached a contract implied in fact. A contract which is implied in law is also called a quasi-contract, because it is not in fact a contract; rather, it is a means for the courts to remedy situations in which one party would be unjustly enriched were he or she not required to compensate the other. Quantum meruit claims are an example.
Invitation to treat Main article: Invitation to treat
Where a something is advertised in a newspaper or on a poster, this will not normally constitute an offer but will instead be an invitation to treat, an indication that one or both parties are prepared to negotiate a deal.[9][10] An exception arises if the advertisement makes a unilateral promise, such as the offer of a reward, as in the famous case of Carlill v. Carbolic Smoke Ball Company,[11] decided in nineteenth-century England. Carbolic, a medical firm, advertised a smoke ball marketed as a wonder drug that would, according to the instructions, protect users from catching the flu. If it did not work, buyers would receive £100 and the company said that they had deposited £1,000 in the bank to show their good faith. When sued, Carbolic argued the advert was not to be taken as a serious, legally binding offer; instead it was “a mere puff”, or gimmick. But the court of appeal held that it would appear to a reasonable man that Carbolic had made a serious offer, and determined that the reward was a contractual promise. Although an invitation to treat cannot be accepted, it should not be ignored, for it may nevertheless affect the offer. For instance, where an offer is made in response to an invitation to treat, the offer may incorporate the terms of the invitation to treat (unless the offer expressly incorporates different terms). If, as in the Boots case,[12] the offer is made by an action without any negotiations (such as presenting goods to a cashier), the offer will be presumed to be on the terms of the invitation to treat. Auctions are governed by the Sale of Goods Act 1979 (as amended), where 57(2) provides: “A sale by auction is complete when the auctioneer announces its completion by the fall of the hammer, or in other customary manner. Until the announcement is made any bidder may retract his bid”.
Intention to be legally bound
Main article: Intention to be legally bound
In commercial agreements it is presumed that parties intend to be legally bound unless the parties expressly state the opposite as in a heads of agreement document. For example, in Rose & Frank Co v JR Crompton & Bros Ltd an agreement between two business parties was not enforced because an 'honour clause' in the document stated “this is not a commercial or legal agreement, but is only a statement of the intention of the parties”. In contrast, domestic and social agreements such as those between children and parents are typically unenforceable on the basis of public policy. For example, in the English case Balfour v. Balfour a husband agreed to give his wife £30 a month while he was away from home, but the court refused to enforce the agreement when the husband stopped paying. In contrast, in Merritt v Merritt the court enforced an agreement between an estranged couple because the circumstances suggested their agreement was more than a domestic arrangement. 9.1. CONTRACT 131
The Carbolic Smoke Ball offer
Consideration
Main article: Consideration 132 CHAPTER 9. DAY 9
Consideration is a concept devised by English common law, and is required for simple contracts, but not for special contracts (contracts by deed). The case of Currie v Misa[13] declared consideration to be a “Right, Interest, Profit, Benefit, or Forbearance, Detriment, Loss, Responsibility”. Thus, consideration is a promise of something of value given by a promissor in exchange for something of value given by a promisee; and typically the thing of value is goods, money, or an act. Forbearance to act, such as an adult promising to refrain from smoking, is enforceable only if one is thereby surrendering a legal right.[14][15][16] In Dunlop v. Selfridge Lord Dunedin adopted Pollack’s metaphor of purchase and sale to explain consideration. He called consideration 'the price for which the promise of the other is bought [17] In colonial times, the concept of consideration was exported to many common law countries, but it is unknown in Scotland and in civil law jurisdictions. Roman law-based systems[18] neither require nor recognise consideration, and some commentators have suggested that consideration be abandoned, and estoppel be used to replace it as a basis for contracts.[19] However, legislation, rather than judicial development, has been touted as the only way to remove this entrenched common law doctrine. Lord Justice Denning famously stated that “The doctrine of consideration is too firmly fixed to be overthrown by a side-wind.”[20] In the United States, the emphasis has shifted to the process of bargaining as exemplified by Hamer v. Sidway (1891). Courts will typically not weigh the “adequacy” of consideration provided the consideration is determined to be “suffi- cient”, with sufficiency defined as meeting the test of law, whereas “adequacy” is the subjective fairness or equivalence. For instance, agreeing to sell a car for a penny may constitute a binding contract[21] (although if the transaction is an attempt to avoid tax, it will be treated by the tax authority as though a market price had been paid).[22] Parties may do this for tax purposes, attempting to disguise gift transactions as contracts. This is known as the peppercorn rule, but in some jurisdictions, the penny may constitute legally insufficient nominal consideration. An exception to the rule of adequacy is money, whereby a debt must always be paid in full for "accord and satisfaction".[23][24][25][26] However, consideration must be given as part of entering the contract, not prior as in past consideration. For example, in the early English case of Eastwood v. Kenyon [1840], the guardian of a young girl took out a loan to educate her. After she was married, her husband promised to pay the debt but the loan was determined to be past consideration. The insufficiency of past consideration is related to the preexisting duty rule. In the early English case of Stilk v. Myrick [1809], a captain promised to divide the wages of two deserters among the remaining crew if they agreed to sail home short-handed; however, this promise was found unenforceable as the crew were already contracted to sail the ship. The preexisting duty rule also extends to general legal duties; for example, a promise to refrain from committing a tort or crime is not sufficient.[27]
9.1.2 Capacity
Main article: Capacity (law)
Sometimes the capacity of either natural or artificial persons to either enforce contracts, or have contracts enforced against them is restricted. For instance, very small children may not be held to bargains they have made, on the assumption that they lack the maturity to understand what they are doing; errant employees or directors may be prevented from contracting for their company, because they have acted ultra vires (beyond their power). Another example might be people who are mentally incapacitated, either by disability or drunkenness.[28] Each contractual party must be a “competent person” having legal capacity. The parties may be natural persons (“individuals”) or juristic persons ("corporations"). An agreement is formed when an “offer” is accepted. The parties must have an intention to be legally bound; and to be valid, the agreement must have both proper “form” and a lawful object. In England (and in jurisdictions using English contract principles), the parties must also exchange "consideration" to create a “mutuality of obligation,” as in Simpkins v Pays.[29] In the United States, persons under 18 are typically minor and their contracts are considered voidable; however, if the minor voids the contract, benefits received by the minor must be returned. The minor can enforce breaches of contract by an adult while the adult’s enforcement may be more limited under the bargain principle. Promissory estoppel or unjust enrichment may be available, but generally are not.
9.1.3 Formalities and writing requirements for some contracts
Main article: Statute of frauds 9.1. CONTRACT 133
A contract is often evidenced in writing or by deed, but a valid contract may (with some exceptions) be made orally or even by conduct.[30] Remedies for breach of contract include “damages” (monetary compensation for loss)[31] and, for serious breaches only, “repudiation” (i.e. cancellation).[32] The equitable remedy of specific performance, enforceable through an injunction, may be available if damages are insufficient. Typically, contracts are oral or written, but written contracts have typically been preferred in common law legal systems;[33] in 1677 England passed the Statute of Frauds which influenced similar statute of frauds laws in the United States and other countries such as Australia.[34] In general, the Uniform Commercial Code as adopted in the United States requires a written contract for tangible product sales in excess of $500, and real estate contracts are required to be written. If the contract is not required by law to be written, an oral contract is valid and therefore legally binding.[35] The United Kingdom has since replaced the original Statute of Frauds, but written contracts are still required for various circumstances such as land (through the Law of Property Act 1925). An oral contract may also be called a parol contract or a verbal contract, with “verbal” meaning “spoken” rather than “in words”, an established usage in British English with regards to contracts and agreements,[36] and common although somewhat deprecated as “loose” in American English.[37] If a contract is in a written form, and somebody signs it, then the signer is typically bound by its terms regardless of whether they have actually read it [38] provided the document is contractual in nature.[39] However, affirmative defenses such as duress or unconscionability may enable the signer to avoid the obligation. Further, reasonable notice of a contract’s terms must be given to the other party prior to their entry into the contract.[40] An unwritten, unspoken contract, also known as “a contract implied by the acts of the parties”, which can be either an implied-in-fact contract or implied-in-law contract, may also be legally binding. Implied-in-fact contracts are real contracts under which the parties receive the “benefit of the bargain”. However, contracts implied in law are also known as quasi-contracts, and the remedy is quantum meruit, the fair market value of goods or services rendered.
9.1.4 Contract terms: construction and interpretation
Main article: Contractual term
A contractual term is “an[y] provision forming part of a contract”.[41] Each term gives rise to a contractual obligation, breach of which can give rise to litigation. Not all terms are stated expressly and some terms carry less legal weight as they are peripheral to the objectives of the contract.
Uncertainty, incompleteness and severance
See also: Contra proferentem and Good faith (law)
If the terms of the contract are uncertain or incomplete, the parties cannot have reached an agreement in the eyes of the law.[42] An agreement to agree does not constitute a contract, and an inability to agree on key issues, which may include such things as price or safety, may cause the entire contract to fail. However, a court will attempt to give effect to commercial contracts where possible, by construing a reasonable construction of the contract.[43] In New South Wales, even if there is uncertainty or incompleteness in a contract, the contract may still be binding on the parties if there is a sufficiently certain and complete clause requiring the parties to undergo arbitration, negotiation or mediation.[44] Courts may also look to external standards, which are either mentioned explicitly in the contract[45] or implied by common practice in a certain field.[46] In addition, the court may also imply a term; if price is excluded, the court may imply a reasonable price, with the exception of land, and second-hand goods, which are unique. If there are uncertain or incomplete clauses in the contract, and all options in resolving its true meaning have failed, it may be possible to sever and void just those affected clauses if the contract includes a severability clause. The test of whether a clause is severable is an objective test—whether a reasonable person would see the contract standing even without the clauses. Typically, non-severable contracts only require the substantial performance of a promise rather than the whole or complete performance of a promise to warrant payment. However, express clauses may be included in a non-severable contract to explicitly require the full performance of an obligation.[47] 134 CHAPTER 9. DAY 9
Classification of terms
Contractual terms are classified differently depending upon the context or jurisdiction. Terms establish conditions precedent. English (but not necessarily non-English) common law distinguishes between important conditions and warranties, with a breach of a condition by one party allowing the other to repudiate and be discharged while a warranty allows for remedies and damages but not complete discharge.[48] Whether or not a term is a condition is determined in part by the parties’ intent.[49] In a less technical sense, however, a condition is a generic term and a warranty is a promise.[48] Not all language in the contract is determined to be a contractual term. Representations, which are often precontractual, are typically less strictly enforced than terms, and material misrepresentations historically was a cause of action for the tort of deceit. Warranties were enforced regardless of materiality; in modern United States law the distinction is less clear but warranties may be enforced more strictly.[50] Statements of opinion may be viewed as “mere puff”. In specific circumstances these terms are used differently. For example, in English insurance law, violation of a “condition precedent” by an insured is a complete defense against the payment of claims.[51]:160 In general insurance law, a warranty is a promise that must be complied with.[51] In product transactions, warranties promise that the product will continue to function for a certain period of time. In the United Kingdom the courts determine whether a term is a condition or warranty; for example, an actress’ obligation to perform the opening night of a theatrical production is a condition,[52] but a singer’s obligation to rehearse may be a warranty.[53] Statute may also declare a term or nature of term to be a condition or warranty; for example the Sale of Goods Act 1979 s15A[54] provides that terms as to title, description, quality and sample are generally conditions. The United Kingdom has also contrived the concept of an “intermediate term” (also called innominate), first established in Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1962].
Representations versus warranties
Statements of fact in a contract or in obtaining the contract are considered to be either warranties or representa- tions. Traditionally, warranties are factual promises which are enforced through a contract legal action, regardless of materiality, intent, or reliance.[50] Representations are traditionally precontractual statements which allow for a tort-based action (such as the tort of deceit) if the misrepresentation is negligent or fraudulent;[55] historically a tort was the only action available, but by 1778, breach of warranty became a separate legal contractual action.[50] In U.S. law, the distinction between the two is somewhat unclear;[50] warranties are viewed as primarily contract-based legal action while negligent or fraudulent misrepresentations are tort-based, but there is a confusing mix of case law in the United States.[50] In modern English law, sellers often avoid using the term 'represents’ in order to avoid claims under the Misrepresentation Act 1967, while in America 'warrants and represents’ is relatively common.[56] Some modern commentators suggest avoiding the words and substituting 'state' or 'agree', and some model forms do not use the words;[55] however, others disagree.[57] Statements in a contract may not be upheld if the court finds that the statements are subjective or promotional puffery. English courts may weigh the emphasis or relative knowledge in determining whether a statement is enforceable as part of the contract. In the English case of Bannerman v. White[58] the court upheld a rejection by a buyer of hops which had been treated with sulphur since the buyer explicitly expressed the importance of this requirement. The relative knowledge of the parties may also be a factor, as in English case of Bissett v. Wilkinson[59] where the court did not find misrepresentation when a seller said that farmland being sold would carry 2000 sheep if worked by one team; the buyer was considered sufficiently knowledgeable to accept or reject the seller’s opinion.
Standard terms and contracts of adhesion
Standard form contracts contain “boilerplate”, which is a set of "one size fits all" contract provisions. However, the term may also narrowly refer to conditions at the end of the contract which specify the governing law provision, venue, assignment and delegation, waiver of jury trial, notice, and force majeure. Restrictive provisions in contracts where the consumer has little negotiating power (“contracts of adhesion”) attract consumer protection scrutiny.
Implied terms
A term may either be express or implied. An express term is stated by the parties during negotiation or written in a contractual document. Implied terms are not stated but nevertheless form a provision of the contract. 9.1. CONTRACT 135
Terms implied in fact Terms may be implied due to the factual circumstances or conduct of the parties. In the Australian case of BP Refinery (Westernport) Pty Ltd v Shire of Hastings[60] the UK Privy Council proposed a five- stage test to determine situations where the facts of a case may imply terms. The classic tests have been the “business efficacy test” and the “officious bystander test”. Under the “business efficacy test” first proposed in The Moorcock [1889], the minimum terms necessary to give business efficacy to the contract will be implied. Under the officious bystander test (named in Southern Foundries (1926) Ltd v Shirlaw [1940] but actually originating in Reigate v. Union Manufacturing Co (Ramsbottom) Ltd [1918]), a term can only be implied in fact if an “officious bystander” listening to the contract negotiations suggested that the term be included the parties would promptly agree. The difference between these tests is questionable.
Terms implied in law Statutes or judicial rulings may create implied contractual terms, particularly in standardized relationships such as employment or shipping contracts. The Uniform Commercial Code of the United States also imposes an implied covenant of good faith and fair dealing in performance and enforcement of contracts covered by the Code. In addition, Australia, Israel and India imply a similar good faith term through laws. In England, some contracts (insurance and partnerships) require utmost good faith, while others may require good faith (employment contracts and agency). Most English contracts do not need any good faith, provided that the law is met. There is, however, an overarching concept of "legitimate expectation". Most countries have statutes which deal directly with sale of goods, lease transactions, and trade practices. In the United States, prominent examples include, in the case of products, an implied warranty of merchantability and fitness for a particular purpose, and in the case of homes an implied warranty of habitability. In the United Kingdom, implied terms may be created by:
• Statute, such as the Sale of Goods Act 1979, the Consumer Protection Act 2015 and the Hague-Visby Rules;
• Common Law, such as The Moorcock,[61] which introduced the “business efficacy” test;
• Previous Dealings, as in Spurling v Bradshaw.[62]
• Custom, as in Hutton v Warren.[63]
9.1.5 Third parties
Main article: Third party beneficiary
The common law doctrine of privity of contract provides that only those who are party to a contract may sue or be sued on it.[64][65] The leading case of Tweddle v Atkinson [1861] [66] immediately showed that the doctrine had the effect of defying the intent of the parties. In maritime law, the cases of Scruttons v Midland Silicones [1962] [67] and N.Z. Shipping v Satterthwaite [1975] [68] established how third parties could gain the protection of limitation clauses within a bill of lading. A number of common law exceptions[69] allowed some circumvention,[70] but the unpopular[71] doctrine remained intact until it was amended by the Contracts (Rights of Third Parties) Act 1999 which provides:[72]
A person who is not a party to a contract (a “third party”) may in his own right enforce a contract if: (a) the contract expressly provides that he may, or (b) the contract purports to confer a benefit on him.
9.1.6 Performance
Performance varies according to the particular circumstances. While a contract is being performed, it is called an executory contract, and when it is completed it is an executed contract. In some cases there may be substantial performance but not complete performance, which allows the performing party to be partially compensated.
9.1.7 Defenses
Vitiating factors constituting defences to purported contract formation include: 136 CHAPTER 9. DAY 9
• Mistake (such as non est factum)[73] • Incapacity, including mental incompetence and infancy/minority • Duress • Undue influence • Unconscionability • Misrepresentation or fraud • Frustration of purpose
Such defenses operate to determine whether a purported contract is either (1) void or (2) voidable. Void contracts cannot be ratified by either party. Voidable contracts can be ratified.
Misrepresentation
Main article: Misrepresentation
Misrepresentation means a false statement of fact made by one party to another party and has the effect of inducing that party into the contract. For example, under certain circumstances, false statements or promises made by a seller of goods regarding the quality or nature of the product that the seller has may constitute misrepresentation. A finding of misrepresentation allows for a remedy of rescission and sometimes damages depending on the type of misrepresentation. There are two types of misrepresentation: fraud in the factum and fraud in inducement. Fraud in the factum focuses on whether the party alleging misrepresentation knew they were creating a contract. If the party did not know that they were entering into a contract, there is no meeting of the minds, and the contract is void. Fraud in inducement focuses on misrepresentation attempting to get the party to enter into the contract. Misrepresentation of a material fact (if the party knew the truth, that party would not have entered into the contract) makes a contract voidable. According to Gordon v Selico [1986] it is possible to misrepresent either by words or conduct. Generally, statements of opinion or intention are not statements of fact in the context of misrepresentation.[74] If one party claims specialist knowledge on the topic discussed, then it is more likely for the courts to hold a statement of opinion by that party as a statement of fact.[75] It is a fallacy that an opinion cannot be a statement of fact. If a statement is the honest expression of an opinion honestly entertained, it cannot be said that it involves any fraudulent misrepresentations of fact.[76] Remedies for misrepresentation. Rescission is the principal remedy and damages are also available if a tort is estab- lished. In order to obtain relief, there must be a positive misrepresentation of law and also, the representee must have been misled by and relied on this misrepresentation:Public Trustee v Taylor.[77]
Mistake
Main article: Mistake (contract law)
A mistake is an incorrect understanding by one or more parties to a contract and may be used as grounds to invalidate the agreement. Common law has identified three types of mistake in contract: common mistake, mutual mistake, and unilateral mistake.
• A common mistake occurs when both parties hold the same mistaken belief of the facts. This is demonstrated in the case of Bell v. Lever Brothers Ltd.,[78] which established that common mistake can only void a contract if the mistake of the subject-matter was sufficiently fundamental to render its identity different from what was contracted, making the performance of the contract impossible (see also Svanosi v McNamara).[79] • A mutual mistake occurs when both parties of a contract are mistaken as to the terms. Each believes they are contracting to something different. The court usually tries to uphold such a mistake if a reasonable interpretation of the terms can be found. However, a contract based on a mutual mistake in judgment does not cause the contract to be voidable by the party that is adversely affected. See Raffles v. Wichelhaus.[80] 9.1. CONTRACT 137
• A unilateral mistake occurs when only one party to a contract is mistaken as to the terms or subject-matter. The courts will uphold such a contract unless it was determined that the non-mistaken party was aware of the mistake and tried to take advantage of the mistake.[81] It is also possible for a contract to be void if there was a mistake in the identity of the contracting party. An example is in Lewis v. Avery[82] where Lord Denning MR held that the contract can only be avoided if the plaintiff can show that, at the time of agreement, the plaintiff believed the other party’s identity was of vital importance. A mere mistaken belief as to the credibility of the other party is not sufficient.
Duress and undue influence
Main articles: Duress (contract law) and Undue influence
Duress has been defined as a “threat of harm made to compel a person to do something against his or her will or judgment; esp., a wrongful threat made by one person to compel a manifestation of seeming assent by another person to a transaction without real volition.”[83] An example is in Barton v Armstrong [1976] in a person was threatened with death if they did not sign the contract. An innocent party wishing to set aside a contract for duress to the person need only to prove that the threat was made and that it was a reason for entry into the contract; the burden of proof then shifts to the other party to prove that the threat had no effect in causing the party to enter into the contract. There can also be duress to goods and sometimes, 'economic duress’. Undue influence is an equitable doctrine that involves one person taking advantage of a position of power over another person through a special relationship such as between parent and child or solicitor and client. As an equitable doctrine, the court has discretion. When no special relationship exists, the question is whether there was a relationship of such trust and confidence that it should give rise to such a presumption.[84]
Unconscionable dealing
Main article: Unconscionability
In Australian law, a contract can be set aside due to unconscionable dealing.[85] Firstly, the claimant must show that they were under a special disability, the test for this being that they were unable to act in their best interest. Secondly, the claimant must show that the defendant took advantage of this special disability.[86]
Illegal contracts
Main article: Illegal agreement
If based on an illegal purpose or contrary to public policy, a contract is void. In the 1996 Canadian case of Royal Bank of Canada v. Newell[87] a woman forged her husband’s signature, and her husband signed agreed to assume “all liability and responsibility” for the forged checks. However, the agreement was unenforceable as it was intended to “stifle a criminal prosecution”, and the bank was forced to return the payments made by the husband. In the U.S., one unusual type of unenforceable contract is a personal employment contract to work as a spy or secret agent. This is because the very secrecy of the contract is a condition of the contract (in order to maintain plausible deniability). If the spy subsequently sues the government on the contract over issues like salary or benefits, then the spy has breached the contract by revealing its existence. It is thus unenforceable on that ground, as well as the public policy of maintaining national security (since a disgruntled agent might try to reveal all the government’s secrets during his/her lawsuit).[88] Other types of unenforceable employment contracts include contracts agreeing to work for less than minimum wage and forfeiting the right to workman’s compensation in cases where workman’s compensation is due.
Remedies for defendant on defenses
Setting aside the contract There can be four different ways in which contracts can be set aside. A contract may be deemed 'void', 'voidable', 'unenforceable' or 'ineffective'. Voidness implies that a contract never came into existence. Voidability implies that one or both parties may declare a contract ineffective at their wish. Kill fees are paid by 138 CHAPTER 9. DAY 9 magazine publishers to authors when their articles are submitted on time but are subsequently not used for publication. When this occurs, the magazine cannot claim copyright for the “killed” assignment. Unenforceability implies that neither party may have recourse to a court for a remedy. Ineffectiveness implies that the contract terminates by order of a court where a public body has failed to satisfy public procurement law. To rescind is to set aside or unmake a contract.
9.1.8 Disputes
Choice of forum
Many contracts contain a clause setting out where disputes in relation to the contract should be litigated. Whether the “chosen court” will exercise jurisdiction, and whether courts not chosen will decline jurisdiction depends on the legislation of the state concerned, on whether the clause is in conformity with formal requirements (in many U.S. states a Choice of Court Agreement clause is only exclusive, when the word “exclusive” is explicitly mentioned) and the type of action. Some states will not accept action that have no connection to the court that was chosen, and others will not recognise a choice of court clause when they consider them themselves a more convenient forum. Multilateral instruments requiring non-chosen courts dismiss cases, and require recognition of judgements made by courts having jurisdiction based on a choice of court clause are the Brussels regime instruments (31 European states) and the Hague Choice of Court Agreements Convention (European Union and Mexico), as well as several instruments related to a specific area of law.
Choice of law
The law that is applicable to a contract is dependent on the conflict of laws legislation of the court where an action in relation to a contract is brought. In the absence of a choice of law clause, the law of the forum or the law with which the conflict has the strongest link is generally determined as the applicable law. A choice of law-clause is recognised in the U.S. (but generally only regarding state law, and not internationally) and through the Rome I Regulation in the European Union (also when the law of a non EU country is chosen).
Remedies for breach of contract
Main article: Breach of contract
In the United Kingdom, breach of contract is defined in the Unfair Contract Terms Act 1977 as: [i] non-performance, [ ii] poor performance, [iii] part-performance, or [iv] performance which is substantially different from what was reasonably expected. Innocent parties may repudiate (cancel) the contract only for a major breach (breach of condition),[89][90] but they may always recover compensatory damages, provided that the breach has caused fore- seeable loss. It was not possible to sue the Crown in the UK for breach of contract before 1948. However, it was appreciated that contractors might be reluctant to deal on such a basis and claims were entertained under a petition of right that needed to be endorsed by the Home Secretary and Attorney-General. S.1 Crown Proceedings Act 1947 opened the Crown to ordinary contractual claims through the courts as for any other person.
Damages Main article: Damages
There are several different types of damages.
• Compensatory damages, which are given to the party which was detrimented by the breach of contract. With compensatory damages, there are two heads of loss, consequential damage and direct damage. • Liquidated damages are an estimate of loss agreed to in the contract, so that the court avoids calculating com- pensatory damages and the parties have greater certainty. Liquidated damages clauses may be called “penalty clauses” in ordinary language, but the law distinguishes between liquidated damages (legitimate) and penalties (invalid). A test for determining which category a clause falls into was established by the English House of Lords in Dunlop Pneumatic Tyre Co. Ltd v. New Garage & Motor Co. Ltd[91] 9.1. CONTRACT 139
• Nominal damages consist of a small cash amount where the court concludes that the defendant is in breach but the plaintiff has suffered no quantifiable pecuniary loss, and may be sought to obtain a legal record of who was at fault.
• Punitive or exemplary damages are used to punish the party at fault; but even though such damages are not intended primarily to compensate, nevertheless the claimant (and not the state) receives the award. Exem- plary damages are not recognised nor permitted in some jurisdictions. In the UK, exemplary damages are not available for breach of contract, but are possible after fraud. Although vitiating factors (such as misrepresen- tation, mistake, undue influence and duress) relate to contracts, they are not contractual actions, and so, in a roundabout way, a claimant in contract may be able to get exemplary damages.
Compensatory damages compensate the plaintiff for actual losses suffered as accurately as possible. They may be “expectation damages”, “reliance damages” or "restitutionary damages”. Expectation damages are awarded to put the party in as good of a position as the party would have been in had the contract been performed as promised.[92] Reliance damages are usually awarded where no reasonably reliable estimate of expectation loss can be arrived at or at the option of the plaintiff. Reliance losses cover expense suffered in reliance to the promise. Examples where reliance damages have been awarded because profits are too speculative include the Australian case of McRae v. Commonwealth Disposals Commission[93] which concerned a contract for the rights to salvage a ship. In Anglia Television Ltd v. Reed[94] the English Court of Appeal awarded the plaintiff expenditures incurred prior to the contract in preparation of performance. After a breach has occurred, the innocent party has a duty to mitigate loss by taking any reasonable steps. Failure to mitigate means that damages may be reduced or even denied altogether.[95] However, Professor Michael Furmston [96] has argued that “it is wrong to express (the mitigation) rule by stating that the plaintiff is under a duty to mitigate his loss”,[97] citing Sotiros Shipping Inc v. Sameiet, The Solholt.[98] If a party provides notice that the contract will not be completed, an anticipatory breach occurs. Damages may be general or consequential. General damages are those damages which naturally flow from a breach of contract. Consequential damages are those damages which, although not naturally flowing from a breach, are naturally supposed by both parties at the time of contract formation. An example would be when someone rents a car to get to a business meeting, but when that person arrives to pick up the car, it is not there. General damages would be the cost of renting a different car. Consequential damages would be the lost business if that person was unable to get to the meeting, if both parties knew the reason the party was renting the car. However, there is still a duty to mitigate the losses. The fact that the car was not there does not give the party a right to not attempt to rent another car. To recover damages, a claimant must show that the breach of contract caused foreseeable loss.[99] Hadley v. Baxendale established that the test of foreseeability is both objective and/or subjective. In other words, is it foreseeable to the objective bystander, and/or to the contracting parties, who may have special knowledge? On the facts of this case, where a miller lost production because a carrier delayed taking broken mill parts for repair, the court held that no damages were payable since the loss was foreseeable neither by the “reasonable man” nor by the carrier, both of whom would have expected the miller to have a spare part in store.
Specific performance Main article: Specific performance
There may be circumstances in which it would be unjust to permit the defaulting party simply to buy out the injured party with damages. For example, where an art collector purchases a rare painting and the vendor refuses to deliver, the collector’s damages would be equal to the sum paid. The court may make an order of what is called “specific performance”, requiring that the contract be performed. In some circumstances a court will order a party to perform his or her promise (an order of "specific performance") or issue an order, known as an “injunction”, that a party refrain from doing something that would breach the contract. A specific performance is obtainable for the breach of a contract to sell land or real estate on such grounds that the property has a unique value. In the United States by way of the 13th Amendment to the United States Constitution, specific performance in personal service contracts is only legal "as punishment for a crime whereof the criminal shall be dully convicted.”[100] Both an order for specific performance and an injunction are discretionary remedies, originating for the most part in equity. Neither is available as of right and in most jurisdictions and most circumstances a court will not normally order specific performance. A contract for the sale of real property is a notable exception. In most jurisdictions, the 140 CHAPTER 9. DAY 9 sale of real property is enforceable by specific performance. Even in this case the defenses to an action in equity (such as laches, the bona fide purchaser rule, or unclean hands) may act as a bar to specific performance. Related to orders for specific performance, an injunction may be requested when the contract prohibits a certain action. Action for injunction would prohibit the person from performing the act specified in the contract.
Procedure
In many countries, in order to obtain damages for breach of contract or to obtain specific performance or other equitable relief, the aggrieved injured party may file a civil (non-criminal) lawsuit in court. If the contract contains a valid arbitration clause, the aggrieved party must submit an arbitration claim in accordance with the procedures set forth in the clause. Many contracts provide that all disputes arising thereunder will be resolved by arbitration, rather than litigated in courts, partly because arbitration awards are recognized and enforceable inter- nationally under the New York Convention, which has 156 parties. Arbitration judgments may generally be enforced in the same manner as ordinary court judgments. However, in New York Convention states, arbitral decisions are generally immune unless there is a showing that the arbitrator’s decision was irrational or tainted by fraud. Not all disputes regarding contract claims can be resolved in arbitration however, especially regarding validity of registered IP rights, or if they implicate a public interest that goes beyond the narrow interests of the parties to the agreement like claims that a party violated a contract by engaging in illegal anti-competitive conduct or civil rights violations. In the U.S., virtually all states (but notably not New York)[101] have adopted the Uniform Arbitration Act to facilitate the enforcement of arbitrated judgments. Customer claims against securities brokers and dealers are almost always resolved by arbitration, in the United States because securities dealers are required, under the terms of their mem- bership in self-regulatory organizations such as the Financial Industry Regulatory Authority (formerly the NASD) or NYSE to arbitrate disputes with their customers. The firms then began including arbitration agreements in their customer agreements, requiring their customers to arbitrate disputes.[102] In England and Wales, a contract may be enforced by use of a claim, or in urgent cases by applying for an interim injunction to prevent a breach. Likewise, in the United States, an aggrieved party may apply for injunctive relief to prevent a threatened breach of contract, where such breach would result in irreparable harm that could not be adequately remedied by money damages.
9.1.9 History
Main articles: History of contract law and Roman law
Whilst early rules of trade and barter have existed since ancient times, modern laws of contract in the West are traceable from the industrial revolution (1750 onwards), when increasing numbers worked in factories for a cash wage. In particular, the growing strength of the British economy and the adaptability and flexibility of the English common law led to a swift development of English[103] contract law, while the more rigid civil law in Europe lagged behind.[104] Colonies within the British empire (including the USA and the Dominions) would adopt the law of the mother country. Civil law countries (especially Germany) later developed their own brand of contract law. In the 20th century, the growth of export trade led to countries adopting international conventions, such as the Hague-Visby Rules and the UN Convention on Contracts for the International Sale of Goods,[105] to promote uniform regulations. Contract law is based on the principle expressed in the Latin phrase pacta sunt servanda, ( “agreements must be kept”).[106] The common law of contract originated with the now-defuct writ of assumpsit, which was originally a tort action based on reliance.[107] Contract law falls within the general law of obligations, along with tort, unjust enrichment, and restitution.[108] Jurisdictions vary in their principles of freedom of contract. In common law jurisdictions such as England and the United States, a high degree of freedom is the norm. For example, in American law, it was determined in the 1901 case of Hurley v. Eddingfield that a physician was permitted to deny treatment to a patient despite the lack of other available medical assistance and the patient’s subsequent death.[109] This is in contrast to the civil law, which typically applies certain overarching principles to disputes arising out of contract, as in the French Civil Code. Other legal systems such as Islamic law, socialist legal systems, and customary law have their own variations. However, in both the European union and the United States, the need to prevent discrimination has eroded the full extent of freedom of contract. Legislation governing equality, equal pay, racial discrimination, disability discrimi- 9.1. CONTRACT 141
Bill of sale of a male slave and a building in Shuruppak, Sumerian tablet, circa 2600 BC nation and so on, has imposed limits of the full freedom of contract.[110] For example, the Civil Rights Act of 1964 restricted private racial discrimination against African-Americans.[111] In the early 20th century the United States underwent the "Lochner era", in which the Supreme Court of the United States struck down economic regulations on the basis of freedom of contract and the Due Process Clause; these decisions were eventually overturned and the Supreme Court established a deference to legislative statutes and regulations which restrict freedom of contract.[110] The U.S. Constitution contains a Contract Clause, but this has been interpreted as only restricting the retroactive impairment of contracts.[110]
9.1.10 Commercial use
Contracts are widely used in commercial law, and form the legal foundation for transactions across the world. Com- mon examples include contracts for the sale of services and goods (both wholesale and retail), construction contracts, contracts of carriage, software licenses, employment contracts, insurance policies, sale or lease of land, and various other uses. Online contracts have become common. E-signature laws have made the electronic contract and signature as legally valid as a paper contract. In India, E-contracts are governed by the Indian Contract Act (1872), according to which certain conditions need to be fulfilled while formulating a valid contact. Certain sections in information Technology Act (2000) also provide for validity of online contract. 142 CHAPTER 9. DAY 9
Although the European Union is fundamentally an economic community with a range of trade rules, there is no overarching “EU Law of Contract”. In 1993, Harvey McGregor,[112] under the auspices of the English and Scottish Law Commissions, produced his “Contract Code”, a proposal to both unify and codify the contract laws of England and Scotland. This document was offered as a possible “Contract Code for Europe”, but tensions between English and German jurists meant that this proposal has so far come to naught.[113]
9.1.11 Contract theory
Contract theory is the body of legal theory that addresses normative and conceptual questions in contract law. One of the most important questions asked in contract theory is why contracts are enforced. One prominent answer to this question focuses on the economic benefits of enforcing bargains. Another approach, associated with Charles Fried, maintains that the purpose of contract law is to enforce promises. This theory is developed in Fried’s book, Contract as Promise. Other approaches to contract theory are found in the writings of legal realists and critical legal studies theorists. More generally, writers have propounded Marxist and feminist interpretations of contract. Attempts at overarching understandings of the purpose and nature of contract as a phenomenon have been made, notably relational contract theory originally developed by U.S. contracts scholars Ian Roderick Macneil and Stewart Macaulay, building at least in part on the contract theory work of U.S. scholar Lon L. Fuller, while U.S. scholars have been at the forefront of developing economic theories of contract focussing on questions of transaction cost and so-called 'efficient breach' theory. Another dimension of the theoretical debate in contract is its place within, and relationship to a wider law of obli- gations. Obligations have traditionally been divided into contracts, which are voluntarily undertaken and owed to a specific person or persons, and obligations in tort which are based on the wrongful infliction of harm to certain protected interests, primarily imposed by the law, and typically owed to a wider class of persons. Recently it has been accepted that there is a third category, restitutionary obligations, based on the unjust enrichment of the defendant at the plaintiff’s expense. Contractual liability, reflecting the constitutive function of contract, is generally for failing to make things better (by not rendering the expected performance), liability in tort is generally for action (as opposed to omission) making things worse, and liability in restitution is for unjustly taking or retaining the benefit of the plaintiff’s money or work.[114] The common law describes the circumstances under which the law will recognise the existence of rights, privilege or power arising out of a promise.
9.1.12 Gallery
• A contract from the Tang dynasty that records the purchase of a 15-year-old slave for six bolts of plain silk and five Chinese coins
• German marriage contract, 1521 between Gottfried Werner von Zimmern and Apollonia von Henneberg-Römhild 9.1. CONTRACT 143
• Thomas Boylston to Thomas Jefferson, May 1786, Maritime Insurance Premiums
• Fire insurance contract of 1796
9.1.13 See also
• Arbitration clause
• Bridging agreement
• Conflict of contract laws
• Contract awarding
• Contract farming
• Contract management
• Contract of sale
• Contract theory (economics)
• Contracting
• Contractual clauses (category)
• Design by contract
• Document automation
• Electronic signature
• Estoppel
• Ethical implications in contracts
• Force majeure
• Gentlemen’s agreement
• Good faith
• Implicit contract
• Indenture
• Information asymmetry
• Invitation to treat 144 CHAPTER 9. DAY 9
• Legal remedy
• Letters of assist
• Meet-or-release contract
• Memorandum of understanding
• Negotiation
• Option contract
• Order (business)
• Peppercorn (legal)
• Perfect tender rule
• Principal–agent problem
• Quasi-contract
• Restitution
• Smart contract
• Social contract
• Specification (technical standard)
• Standard form contract
• Stipulation
• Tortious interference
• Unjust enrichment
• Voidable contract
By country
• Australian contract law
• Sharia
• Law of obligations (Bulgaria)
• German contract law
• Indian contract law
• South African contract law
• United States contract law 9.1. CONTRACT 145
9.1.14 Notes
[1] Ryan, Fergus (2006). Round Hall nutshells Contract Law. Thomson Round Hall. p. 1. ISBN 9781858001715.
[2] Rose & Frank Co v JR Crompton & Bros Ltd [1923] 2 K.B. 261, 273 (Bailhache J). Westlaw.
[3] Enright, Máiréad (2007). Principles of Irish Contract Law. Clarus Press.
[4] DiMatteo L. (1997). The Counterpoise of Contracts: The Reasonable Person Standard and the Subjectivity of Judgment. South Carolina Law Review.
[5] George Hudson Holdings Ltd v Rudder (1973)128 CLR 387.
[6] promise legal definition of promise. promise synonyms by the Free Online Law Dictionary
[7] Feinman JM, Brill SR. (2006). Is an Advertisement an Offer? Why it is, and Why it Matters. Hastings Law Journal.
[8] Wilmot et al, 2009, Contract Law, Third Edition, Oxford University Press, page 34
[9] Harris v Nickerson (1873) LR8QB 286
[10] Household Fire Insurance v Grant 1879
[11] [1893] 2 QB 256
[12] (Pharmaceutical Society of Great Britain v. Boots Cash Chemists (Southern) Ltd [1953] 1 Q.B. 401) the offer is made by an action without any negotiations (such as presenting goods to a cashier), the offer will be presumed to be on the terms of the invitation to treat.
[13] Currie v Misa (1875) LR 10 Ex 893
[14] Wade v Simeon (1846) 2 CB 548
[15] White v Bluett (1853) 2 WR 75
[16] Bronaugh R. (1976). Agreement, Mistake, and Objectivity in the Bargain Theory of Conflict. William & Mary Law Review.
[17] Enright, Máiréad (2007). Principles of Irish Contract Law. Dublin 8: Clarus Press. p. 75.
[18] e.g. In Germany, § 311 BGB
[19] e.g. P.S. Atiyah, 'Consideration: A Restatement' in Essays on Contract (1986) p.195, Oxford University Press
[20] Central London Property Trust Ltd. v. High Trees House Ltd. [1947] KB 130
[21] Chappell & Co Ltd v. Nestle Co Ltd [1959] 2 All ER 701 in which the wrappers from three chocolate bars was held to be part of the consideration for the sale and purchase of a musical recording.
[22] “Frequently Asked Questions on Gift Taxes”. www.irs.gov. Retrieved 2016-05-26.
[23] “Pinnel’s Case” (1602) 5 Co Rep 117a
[24] “Jorden v Money” (1854) 5 HLC 185
[25] “Foakes v Beer” (per incuriam?)(1884) AC 605
[26] "Williams v Roffey Bros and Nicholls (Contractors) Ltd {1990} 1 All ER 512.”
[27] Collins v. Godefroy (1831) 1 B. & Ad. 950.
[28] see for a discussion of the position in English law, the article on Capacity in English law
[29] Elements of a Contract - Contracts
[30] for instance, bidding in auctions, or acting in response to a unilateral offer
[31] Hadley v Baxendale
[32] as in Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd and The Mihalis Angelos
[33] Michida S. (1992) Contract Societies: Japan and the United States Contrasted. Pacific Rim Law & Policy Journal.
[34] In Australia, the Sales of Goods Act applies. 146 CHAPTER 9. DAY 9
[35] Trans-Lex.org: international principle
[36] Burchfield, R.W. (1998). The New Fowler’s Modern English Usage. (Revised 3rd ed.). Oxford: Clarendon Press. pp. 820–821. ISBN 0198602634. Expressed or conveyed by speech instead of writing; oral... e.g. verbal agreement, contract, evidence
[37] Bryan A. Garner (1999). Black’s Law Dictionary: Definitions of the Terms and Phrases of American and English Jurispru- dence, Ancient and Modern. West Publishing Company. ISBN 978-0-314-15234-3.
[38] L'Estrange v. Graucob [1934] 2 KB 394, see also Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd [2004] HCA52;(2004) 219 CLR165 AustLII
[39] Curtis v. Chemical Cleaning and Dyeing Co [1951] 1 KB 805
[40] Balmain New Ferry Company Ltd v. Robertson (1906) 4 CLR 379; see also Baltic Shipping Company v. Dillon [1993] 176 CLR 344 AustLII
[41] Martin, E [ed] & Law, J [ed], Oxford Dictionary of Law, ed6 (2006, London:OUP).
[42] Fry v. Barnes (1953) 2 D.L.R. 817 (B.C.S.C)
[43] Hillas and Co. Ltd. v. Arcos Ltd. (1932) 147 LT 503
[44] See Aiton Australia Pty Ltd v Transfield Pty Ltd (1999) 153 FLR 236 Thompson Reuters
[45] Whitlock v. Brew (1968) 118 CLR 445
[46] Three Rivers Trading Co., Ltd. v. Gwinear & District Farmers, Ltd. (1967) 111 Sol. J. 831
[47] "Cutter v Powell" (1795) 101 ER 573
[48] Gillies P. (1988). Concise Contract Law, p. 105. Federation Press.
[49] Koffman L, MacDonald E. (2007). The Law of Contract. Oxford University Press. See also 'Tramways Advertising Pty Ltd v Luna Park (NSW) Ltd (1938) 38 SR (NSW) 632
[50] West GD, Lewis WB. (2009). Contracting to Avoid Extra-Contractual Liability—Can Your Contractual Deal Ever Really Be the “Entire” Deal? The Business Lawyer.
[51] Burling JM. (2011). Research Handbook on International Insurance Law and Regulation. Edward Elgar Publishing.
[52] Poussard v Spiers and Pond (1876) 1 QBD 410
[53] Bettini v Gye (1876) 1 QBD 183
[54] As added by the Sale of Goods Act 1994 s4(1).
[55] Primack MA. (2009). Representations, Warranties and Covenants: Back to the Basics in Contracts. National Law Review.
[56] Ferara LN, Philips J, Runnicles J. (2007). Some Differences in Law and Practice Between U.K. and U.S. Stock Purchase Agreements. Jones Day Publications.
[57] Telman J. (2012). Representations and Warranties. ContractsProf Blog.
[58] (1861) 10 CBNS 844
[59] [1927] AC 177
[60] BP Refinery (Westernport) Pty Ltd v Shire of Hastings [1977] UKPC 13, (1977) 180 CLR 266.
[61] 1889) 14 PD 64
[62] [1956] 2 All ER 121
[63] [1836] M&W 466
[64] Dunlop v Selfridge' [1915] AC 79 HL
[65] Beswick v Beswick [1968] AC 58 HL
[66] Tweddle v Atkinson [1861] 121 ER 762
[67] Scruttons v Midland Silicones [1962] AC 446 HL 9.1. CONTRACT 147
[68] N.Z. Shipping v Satterthwaite [1975] AC 154 PC
[69] such as Agency, Assignment, and Negligence
[70] Adler v Dickson [1955] QB 158
[71] Lord Denning declared that the doctrine had been abolished by 1925 property legislation, but he was overruled by the House of Lords.
[72] The 1999 Act does not cover contracts for the carriage of goods by sea; those are subject to the hague-Visby Rules
[73] “Are you bound once you sign a contract?". Legal Services Commission of South Australia. 11 December 2009. Retrieved 10 October 2016.
[74] Bisset v Wilkinson and others [1927] AC 177
[75] Esso Petroleum Co Ltd v Mardon [1976] 2 Lloyd’s Rep. 305
[76] Fitzpatrick v Michel (1928) 28 SR (NSW) 285 (2 April 1928)AustLII
[77] Public Trustee v Taylor [1978] VR 289 (9 September 1977)
[78] Bell v. Lever Brothers Ltd. [1931] ALL E.R. Rep. 1, [1932] A.C. 161
[79] Svanosi v McNamara (1956) 96 CLR 186
[80] Raffles v. Wichelhaus (1864) 2 Hurl. & C. 906.
[81] Smith v. Hughes [1871]; see also Taylor v Johnson [1983] HCA 5
[82] Lewis v. Avery [1971] 3 All ER 907
[83] Black’s Law Dictionary (8th ed. 2004)
[84] Johnson v. Buttress (1936) 56 CLR 113; See also Westmelton (Vic) Pty Ltd v. Archer and Shulman [1982] VicRp 29 AustLII; Odorizzi v. Bloomfield Sch. Dist., 246 Cal. App. 2d 123 (Cal. App. 2d Dist. 1966)
[85] Commercial Bank of Australia Ltd v Amadio [1983] HCA 14; (1983) 151 CLR 447: see also Blomley v Ryan [1956] HCA 81; (1956) 99 CLR 362
[86]
[87] Royal Bank of Canada v. Newell 147 D.L.R (4th) 268 (N.C.S.A.). 1996 case and 1997 appeal.
[88] Tenet v. Doe, 544 U.S. 1 (2005).
[89] Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1962] 1 All ER 474; see also Associated Newspapers Ltd v Bancks [1951] HCA 24 AustLII
[90] The Mihailis Angelos [1971] 1 QB 164
[91] [1915] AC 79 at 86 per Lord Dunedin.
[92] Bellgrove v Eldridge (1954) 90 CLR 613
[93] (1951) 84 CLR 377
[94] [1972] 1 QB 60
[95] The UCC states, “Consequential damages... include any loss... which could not reasonably be prevented by cover or otherwise.” UCC 2-715.In English law the chief authority on mitigation is British Westinghouse Electric and Manufacturing Co. v. Underground Electric Railway Co. of London[1912] AC 673, see especially 689 per Lord Haldane.
[96] M.P. Furmston, Cheshire, Fifoot & Furmston’s Law of Contract, 15th edn (OUP: Oxford, 2007) p.779.
[97] M.P. Furmston, Cheshire, Fifoot & Furmston’s Law of Contract, 15th edn (OUP: Oxford, 2007) p.779 n.130.
[98] [1983] 1 Lloyd’s Rep 605.
[99] Hadley v. Baxendale 156 ER 145 BAILII; See also Alexander v Cambridge Credit Corp Ltd (1987) 9 NSWLR 310
[100] “13th Amendment to the United States Constitution”. Retrieved 2008-10-10. 148 CHAPTER 9. DAY 9
[101] New York Civil Procedure Law and Rules § 7501, et seq.
[102] Introduction to Securities Arbitration - an Overview from SECLaw.com the online leader in securities law news, information and commentary
[103] as opposed to Scottish law
[104] In 1789, while the French were engaged in their revolution, the English law was busying itself in defining the rules of auctions: see Payne v Cave
[105] Willmott, L, Christensen, S, Butler, D, & Dixon, B 2009 Contract Law, Third Edition, Oxford University Press, North Melbourne
[106] Hans Wehberg, Pacta Sunt Servanda, The American Journal of International Law, Vol. 53, No. 4 (Oct., 1959), p.775.; Trans-Lex.org Principle of Sanctity of contracts
[107] Atiyah PS. (1986) Medical Malpractice and Contract/Tort Boundary. Law and Contemporary Problems.
[108] However, a movement in the 1990s to replace the separate teaching of contract and tort with a unified law of “obligations” has met with little success.
[109] Blake V. (2012). When Is a Patient-Physician Relationship Established?. Virtual Mentor.
[110] Bernstein DE. (2008). Freedom of Contract. George Mason Law & Economics Research Paper No. 08-51.
[111] Douglas D. (2002). Contract Rights and Civil Rights. Michigan Law Review.
[112] Harvey McGregor
[113] ... indeed the Code was neither published nor adopted by the UK, instead being privately published by an Italian University
[114] Beatson, Anson’s Law of Contract (1998) 27th ed. OUP, p.21
9.1.15 References
• Ewan McKendrick, Contract Law - Text, Cases and Materials (2005) Oxford University Press ISBN 0-19- 927480-0
• P.S. Atiyah, The Rise and Fall of Freedom of Contract (1979) Clarendon Press ISBN 0-19-825342-7 • Randy E. Barnett, Contracts (2003) Aspen Publishers ISBN 0-7355-6525-2
• Scott Fruehwald, “Reciprocal Altruism as the Basis for Contract,” 47 University of Louisville Law Review 489 (2009).
9.1.16 External links
• Australian Contract Law • Uniform Commercial Code (United States Contract Law)
• Cornell Law School Wex entry on Contract Law
• Principles of European Contract Law • United Nations Convention on Contracts for the International Sale of Goods, Vienna, 11 April 1980
• LexisNexis Capsule Summary: Contracts Chapter 10
Day 10
10.1 Creative Commons license
This article is about the Creative Commons licences. For the organization that produced them, see Creative Com- mons.
Particular Creative Commons license names redirect here, such as CC BY-SA which is used by Wikipedia itself and Wikia. See Wikipedia:Text of Creative Commons Attribution-ShareAlike 3.0 Unported License.
A Creative Commons (CC) license is one of several public copyright licenses that enable the free distribution of an otherwise copyrighted work. A CC license is used when an author wants to give people the right to share, use, and build upon a work that they have created. CC provides an author flexibility (for example, they might choose to allow only non-commercial uses of their own work) and protects the people who use or redistribute an author’s work from concerns of copyright infringement as long as they abide by the conditions that are specified in the license by which the author distributes the work. CC licensed music is available through several outlets such as SoundCloud, and is available for use in video and music remixing. There are several types of CC licenses. The licenses differ by several combinations that condition the terms of distribution. They were initially released on December 16, 2002 by Creative Commons, a U.S. non-profit corporation founded in 2001. There have also been five versions of the suite of licenses, numbered 1.0 through 4.0.[1] As of 2016, the 4.0 license suite is the most current. In October 2014 the Open Knowledge Foundation approved the Creative Commons CC BY, CC BY-SA, and CC0 licenses as conformant with the "Open Definition" for content and data.[2][3][4]
10.1.1 Applicable works
Work licensed under a Creative Commons license is governed by applicable copyright law.[5] This allows Creative Commons licenses to be applied to all work falling under copyright, including: books, plays, movies, music, articles, photographs, blogs, and websites. Creative Commons does not recommend the use of Creative Commons licenses for software.[6] There are over 35,000 works that are available in hardcopy and have a registered ISBN number. Creative Commons splits these works into two categories, one of which encompasses self-published books.[7] However, application of a Creative Commons license may not modify the rights allowed by fair use or fair dealing or exert restrictions which violate copyright exceptions.[8] Furthermore, Creative Commons licenses are non-exclusive and non-revocable.[9] Any work or copies of the work obtained under a Creative Commons license may continue to be used under that license.[10] In the case of works protected by multiple Creative Common licenses, the user may choose either.[11]
149 150 CHAPTER 10. DAY 10
Creative Commons logo
10.1.2 Types of licenses
The CC licenses all grant the “baseline rights”, such as the right to distribute the copyrighted work worldwide for non-commercial purposes, and without modification.[12] The details of each of these licenses depend on the version, and comprises a selection out of four conditions:
{| class="wikitable”
|- ! Icon !! Right || Description |- | | Attribution (BY) | Licensees may copy, distribute, display and perform the work and make derivative works and remixes based on it only if they give the author or licensor the credits
(attribution) in the manner specified by these. |- | | Share-alike (SA) | Licensees may distribute derivative works only under a license identical (“not more restrictive”) to the license that governs the original work. (See also copyleft.) Without share-alike, derivative works might be sublicensed with compatible but more restrictive license
clauses, e.g. CC BY to CC BY-NC.) |- | | Non-commercial (NC) | Licensees may copy, distribute, display, 10.1. CREATIVE COMMONS LICENSE 151
This video explains how Creative Commons licenses can be used in conjunction with commercial licensing arrangements
Creative Commons licenses are explained in many languages and used around the world, such as pictured here in Cambodia and perform the work and make derivative works and remixes based on it only for non-commercial purposes. |- |
| No Derivative Works (ND) | Licensees may copy, distribute, display and perform only verbatim copies of the work, not derivative works and remixes based on it. |} [13] The last two clauses are not free content licenses, according to definitions such as DFSG or the Free Software Foun- dation's standards, and cannot be used in contexts that require these freedoms, such as Wikipedia. For software, 152 CHAPTER 10. DAY 10
Wanna Work Together? animation by Creative Commons
The second version of the Mayer and Bettle promotional animation explains what Creative Commons is
Creative Commons includes three free licenses created by other institutions: the BSD License, the GNU LGPL, and the GNU GPL.[14] Mixing and matching these conditions produces sixteen possible combinations, of which eleven are valid Creative Commons licenses and five are not. Of the five invalid combinations, four include both the “nd” and “sa” clauses, 10.1. CREATIVE COMMONS LICENSE 153 which are mutually exclusive; and one includes none of the clauses. Of the eleven valid combinations, the five that lack the “by” clause have been retired because 98% of licensors requested attribution, though they do remain available for reference on the website.[15][16][17] This leaves six regularly used licenses + the CC0 public domain waiver:
Seven regularly used licenses
[17][18]
For example, the Creative Commons Attribution (BY) license allows one to share and remix (create derivative works), even for commercial use, so long as attribution is given.[19]
10.1.3 Version 4.0 and international use
Main article: Creative Commons jurisdiction ports
The original non-localized Creative Commons licenses were written with the U.S. legal system in mind, therefore the wording may be incompatible with local legislation in other jurisdictions, rendering the licenses unenforceable there. To address this issue, Creative Commons asked its affiliates to translate the various licenses to reflect local laws in a process called "porting.”[20] As of July 2011, Creative Commons licenses have been ported to over 50 jurisdictions worldwide.[21] The latest version 4.0 of the Creative Commons licenses, released on November 25, 2013, are generic licenses that are applicable to most jurisdictions and do not usually require ports.[22][23][24][25] No new ports have been implemented in version 4.0 of the license.[26] Version 4.0 discourages using ported versions and instead acts as a single global license.[27]
10.1.4 Rights
Attribution
Since 2004, all current licenses (beside the CC0 waiver) require attribution of the original author, the BY component.[16] The attribution must be given to “the best of [one’s] ability using the information available”.[28] Generally this implies the following:
• Include any copyright notices (if applicable). If the work itself contains any copyright notices placed there by the copyright holder, those notices must be left intact, or reproduced in a way that is reasonable to the medium in which the work is being re-published.
• Cite the author’s name, screen name, or user ID, etc. If the work is being published on the Internet, it is nice to link that name to the person’s profile page, if such a page exists.
• Cite the work’s title or name (if applicable), if such a thing exists. If the work is being published on the Internet, it is nice to link the name or title directly to the original work.
• Cite the specific CC license the work is under. If the work is being published on the Internet, it is nice if the license citation links to the license on the CC website.
• Mention if the work is a derivative work or adaptation. In addition to the above, one needs to identify that their work is a derivative work, e.g., “This is a Finnish translation of [original work] by [author].” or “Screenplay based on [original work] by [author].”
Non-commercial licenses
Further information: Creative Commons § Criticism of the non-commercial license
The “non-commercial” option included in some Creative Commons licenses is controversial in definition,[29] as it is sometimes unclear what can be considered a non-commercial setting, and application, since its restrictions differ from 154 CHAPTER 10. DAY 10
the principles of open content promoted by other permissive licenses.[30] In 2014 Wikimedia Deutschland published a guide to using Creative Commons licenses as wiki pages for translations and as PDF.[31]
Zero / public domain
Besides licenses, Creative Commons also offers a way to release material worldwide into the public domain through CC0,[18] a legal tool for waiving as many rights as legally possible.[33] Development of CC0 began in 2007[34] and the tool was released in 2009.[35][36] A major target of the license was the scientific data community.[37] In 2010, Creative Commons announced its Public Domain Mark,[38] a tool for labeling works already in the public domain. Together, CC0 and the Public Domain Mark replace the Public Domain Dedication and Certification,[39] which took a U.S.-centric approach and co-mingled distinct operations. In 2011, the Free Software Foundation added CC0 to its free software licenses,[40] and currently recommends CC0 as the preferred method of releasing software into the public domain.[41] In February 2012 CC0 was submitted to Open Source Initiative (OSI) for their approval.[42] However, controversy arose over its clause which excluded from the scope of the license any relevant patents held by the copyright holder. This clause was added with scientific data in mind rather than software, but some members of the OSI believed it could weaken users’ defenses against software patents. As a result, Creative Commons withdrew their submission, and the license is not currently approved by the OSI.[37][43] In 2013, Unsplash began using the CC0 license to distribute free stock photography.[44][45] It now distributes several million photos a month[46] and has inspired a host of similar sites, including CC0 photography companies and CC0 blogging companies.[47] Lawrence Lessig, the founder of Creative Commons, has contributed to the site.[48] In October 2014 the Open Knowledge Foundation approved the Creative Commons CC0 as conformant with the “Open Definition” and recommend the license to dedicate content to the public domain.[3][4]
Adaptation
Rights in an adaptation can be expressed by a CC license that is compatible with the status or licensing of the original work or works on which the adaptation is based.[49]
10.1.5 Legal aspects
The legal implications of large numbers of works having Creative Commons licensing is difficult to predict, and there is speculation that media creators often lack insight to be able to choose the license which best meets their intent in applying it.[50] Some works licensed using Creative Commons licenses have been involved in several court cases.[51] Creative Com- mons itself was not a party to any of these cases; they only involved licensors or licensees of Creative Commons licenses. When the cases went as far as decisions by judges (that is, they were not dismissed for lack of jurisdiction or were not settled privately out of court), they have all validated the legal robustness of Creative Commons public licenses. Here are some notable cases:
Dutch tabloid
In early 2006, podcaster Adam Curry sued a Dutch tabloid who published photos from Curry’s Flickr page without Curry’s permission. The photos were licensed under the Creative Commons Non-Commercial license. While the verdict was in favor of Curry, the tabloid avoided having to pay restitution to him as long as they did not repeat the offense. Professor Bernt Hugenholtz, main creator of the Dutch CC license and director of the Institute for Information Law of the University of Amsterdam, commented, “The Dutch Court’s decision is especially noteworthy because it confirms that the conditions of a Creative Commons license automatically apply to the content licensed under it, and binds users of such content even without expressly agreeing to, or having knowledge of, the conditions of the license.”[52][53][54][55] 10.1. CREATIVE COMMONS LICENSE 155
Virgin Mobile
In 2007, Virgin Mobile Australia launched an Australian bus stop ad campaign promoting their cellphone text messag- ing service using the work of amateur photographers who uploaded their work to Flickr using a Creative Commons- BY (Attribution) license. Users licensing their images this way freed their work for use by any other entity, as long as the original creator was attributed credit, without any other compensation required. Virgin upheld this single re- striction by printing a URL leading to the photographer’s Flickr page on each of their ads. However, one picture, depicting 15-year-old Alison Chang at a fund-raising carwash for her church,[56] caused some controversy when she sued Virgin Mobile. The photo was taken by Alison’s church youth counselor, Justin Ho-Wee Wong, who uploaded the image to Flickr under the Creative Commons license.[56] In 2008, the case (concerning personality rights rather than copyright as such) was thrown out of a Texas court for lack of jurisdiction.[57][58]
SGAE vs Fernández
In the fall of 2006, the collecting society Sociedad General de Autores y Editores (SGAE) in Spain sued Ricardo Andrés Utrera Fernández, owner of a disco bar located in Badajoz who played CC-licensed music. SGAE argued that Fernández should pay royalties for public performance of the music between November 2002 and August 2005. The Lower Court rejected the collecting society’s claims because the owner of the bar proved that the music he was using was not managed by the society.[59] In February 2006, the Cultural Association Ladinamo (based in Madrid, and represented by Javier de la Cueva) was granted the use of copyleft music in their public activities. The sentence said: “Admitting the existence of music equipment, a joint evaluation of the evidence practiced, this court is convinced that the defendant prevents communication of works whose management is entrusted to the plaintiff [SGAE], using a repertoire of authors who have not assigned the exploitation of their rights to the SGAE, having at its disposal a database for that purpose and so it is manifested both by the legal representative of the Association and by Manuela Villa Acosta, in charge of the cultural programming of the association, which is compatible with the alternative character of the Association and its integration in the movement called 'copy left'".[60]
GateHouse Media, Inc. vs. That’s Great News, LLC
On June 30, 2010 GateHouse Media filed a lawsuit against That’s Great News. GateHouse Media owns a num- ber of local newspapers, including Rockford Register Star, which is based in Rockford, Illinois. That’s Great News makes plaques out of newspaper articles and sells them to the people featured in the articles.[61] GateHouse sued That’s Great News for copyright infringement and breach of contract. GateHouse claimed that TGN violated the non-commercial and no-derivative works restrictions on GateHouse Creative Commons licensed work when TGN published the material on its website. The case was settled on August 17, 2010, though the settlement was not made public.[61][62]
Drauglis v. Kappa Map Group, LLC
The plaintiff was photographer Art Drauglis, who uploaded several pictures to the photo-sharing website Flickr using Creative Commons Attribution-ShareAlike 2.0 Generic License (CC BY-SA), including one entitled “Swain’s Lock, Montgomery Co., MD.”. The defendant was Kappa Map Group, a map-making company, which downloaded the image and used it in a compilation entitled “Montgomery Co. Maryland Street Atlas”. Though there was nothing on the cover that indicated the origin of the picture, the text "Photo: Swain’s Lock, Montgomery Co., MD Photographer: Carly Lesser & Art Drauglis, Creative Commoms [sic], CC-BY-SA-2.0" appeared at the bottom of the back cover. The validity of the CC BY-SA 2.0 as a license was not in dispute. The CC BY-SA 2.0 requires that the licensee to use nothing less restrictive than the CC BY-SA 2.0 terms. The atlas was sold commercially and not for free reuse by others. The dispute was whether Drauglis’ license terms that would apply to “derivative works” applied to the entire atlas. Drauglis sued the defendants on June 2014 for copyright infringement and license breach, seeking declaratory and injunctive relief, damages, fees, and costs. Drauglis asserted, among other things, that Kappa Map Group “exceeded the scope of the License because defendant did not publish the Atlas under a license with the same or similar terms as those under which the Photograph was originally licensed.”[63] The judge dismissed the case on that count, ruling that the atlas was not a derivative work of the photograph in the sense of the license. Since the atlas was not a derivative work of the photograph, Kappa Map Group did not need to license the entire atlas under the CC BY-SA 2.0 license. The judge also determined that the work had been properly attributed.[64] 156 CHAPTER 10. DAY 10
Verband zum Schutz geistigen Eigentums im Internet (VGSE)
This incident has not been tested in court, but it highlights a potentially disturbing practice. In July 2016, German computer magazine LinuxUser reports that a German blogger Christoph Langner used two CC-BY licensed pho- tographs from Berlin photographer Dennis Skley on his private blog Linuxundich.de. Langner duly mentioned the author and the license and added a link to the original. Langner was later contacted by the Verband zum Schutz geistigen Eigentums im Internet (VGSE) (Association for the Protection of Intellectual Property in the Internet) with a demand for €2300 for failing to provide the full name of the work, the full name of the author, the license text, and a source link, as is apparently required by the fine print in the license. Of this sum, €40 goes to the photographer and remainder is retained by VGSE.[65][66]
10.1.6 Works with a Creative Commons license
Main article: List of works available under a Creative Commons license See also: Category:Creative Commons-licensed works
Creative Commons maintains a content directory wiki of organizations and projects using Creative Commons licenses.[67] On its website CC also provides case studies of projects using CC licenses across the world.[68] CC licensed content can also be accessed through a number of content directories and search engines (see CC licensed content directories).
10.1.7 Retired licenses
Due to either disuse or criticism, a number of previously offered Creative Commons licenses have since been retired,[15][69] and are no longer recommended for new works. The retired licenses include all licenses lacking the Attribution element other than CC0, as well as the following four licenses:
• Developing Nations License: a license which only applies to developing countries deemed to be “non-high- income economies” by the World Bank. Full copyright restrictions apply to people in other countries.[70]
• Sampling: parts of the work can be used for any purpose other than advertising, but the whole work cannot be copied or modified[71]
• Sampling Plus: parts of the work can be copied and modified for any purpose other than advertising, and the entire work can be copied for noncommercial purposes[72]
• NonCommercial Sampling Plus: the whole work or parts of the work can be copied and modified for non- commercial purposes[73]
10.1.8 See also
• Free culture movement
• Free music
• Free software
• Non-commercial educational
10.1.9 References
[1] https://wiki.creativecommons.org/wiki/License_Versions
[2] Open Definition 2.1 on opendefinition.org
[3] licenses on opendefinition.com
[4] Creative Commons 4.0 BY and BY-SA licenses approved conformant with the Open Definition by Timothy Vollmer on creativecommons.org (December 27th, 2013) 10.1. CREATIVE COMMONS LICENSE 157
[5] “Creative Commons Legal Code”. Creative Commons. January 9, 2008. Retrieved February 22, 2010.
[6] “Creative Commons FAQ: Can I use a Creative Commons license for software?". Wiki.creativecommons.org. July 29, 2013. Retrieved September 20, 2013.
[7] “Books - Creative Commons”. wiki.creativecommons.org. Retrieved 2016-04-01.
[8] “Do Creative Commons licenses affect exceptions and limitations to copyright, such as fair dealing and fair use?". Frequently Asked Questions - Creative Commons. Retrieved July 26, 2015.
[9] “What if I change my mind about using a CC license?". Frequently Asked Questions - Creative Commons. Retrieved July 26, 2015.
[10] “What happens if the author decides to revoke the CC license to material I am using?". Frequently Asked Questions - Creative Commons. Retrieved July 26, 2015.
[11] “How do CC licenses operate?". Frequently Asked Questions - Creative Commons. Retrieved July 26, 2015.
[12] “Baseline Rights”. Creative Commons. June 12, 2008. Retrieved February 22, 2010.
[13] “What are Creative Commons licenses?". Frequently Asked Questions - Creative Commons. Retrieved July 26, 2015.
[14] “Creative Commons GNU LGPL”. Archived from the original on June 22, 2009. Retrieved July 20, 2009.
[15] “Retired Legal Tools”. Creative Commons. Archived from the original on May 3, 2016. Retrieved May 31, 2012.
[16] “Announcing (and explaining) our new 2.0 licenses”. Creativecommons.org. May 25, 2004. Retrieved September 20, 2013.
[17] “About The Licenses - Creative Commons”. Creative Commons. Retrieved July 26, 2015.
[18] “CC0”. Creative Commons. Retrieved February 22, 2010.
[19] “Creative Commons — Attribution 3.0 United States”. Creative Commons. November 16, 2009. Retrieved February 22, 2010.
[20] Murray, Laura (2014). Putting intellectual property in its place: rights discourses, creative labor, and the everyday. Oxford: Oxford University Press. p. 25. ISBN 0-19-933626-1.
[21] “Worldwide”. Creative Commons.
[22] Peters, Diane (November 25, 2013). “CC’s Next Generation Licenses — Welcome Version 4.0!". Creative Commons. Retrieved November 26, 2013.
[23] “What’s new in 4.0?". Creative Commons. 2013. Retrieved November 26, 2013.
[24] “CC 4.0, an end to porting Creative Commons licences?". TechnoLlama. September 25, 2011. Retrieved August 11, 2013.
[25] Doug Whitfield (August 5, 2013). “Music Manumit Lawcast with Jessica Coates of Creative Commons”. YouTube. Retrieved August 11, 2013.
[26] “CC Affiliate Network”. Creative Commons. Retrieved July 8, 2011.
[27] “Frequently Asked Questions: What if CC licenses have not been ported to my jurisdiction?". Creative Commons. Retrieved November 26, 2013.
[28] “Frequently Frequently Asked Questions”. Creative Commons. February 2, 2010. Retrieved February 22, 2010.
[29] “Defining Noncommercial report published”. Creativecommons.org. Retrieved September 20, 2013.
[30] “The Case for Free Use: Reasons Not to Use a Creative Commons -NC License”. Freedomdefined.org. August 26, 2013. Retrieved September 20, 2013.
[31] Till Kreutzer (2014). Open Content – A Practical Guide to Using Creative Commons Licenses (PDF). Wikimedia Deutsch- land e.a. ISBN 978-3-940785-57-2. Retrieved March 23, 2015.
[32] “Downloads”. Creative Commons. 2015-12-16. Retrieved 2015-12-24.
[33] Validity of the Creative Commons Zero 1.0 Universal Public Domain Dedication and its usability for bibliographic metadata from the perspective of German Copyright Law by Dr. Till Kreutzer, attorney-at-law in Berlin, Germany 158 CHAPTER 10. DAY 10
[34] “Creative Commons Launches CC0 and CC+ Programs” (Press release). Creative Commons. December 17, 2007. Re- trieved February 22, 2010.
[35] Baker, Gavin (January 16, 2009). “Report from CC board meeting”. Open Access News. Retrieved February 22, 2010.
[36] “Expanding the Public Domain: Part Zero”. Creativecommons.org. Retrieved September 20, 2013.
[37] Christopher Allan Webber. “CC withdrawl of CC0 from OSI process”. In the Open Source Initiative Licence review mailing list. Retrieved February 24, 2012.
[38] “Marking and Tagging the Public Domain: An Invitation to Comment”. Creativecommons.org. August 10, 2010. Re- trieved September 20, 2013.
[39] “Copyright-Only Dedication (based on United States law) or Public Domain Certification”. Creative Commons. August 20, 2009. Retrieved February 22, 2010.
[40] “Using CC0 for public domain software”. Creative Commons. April 15, 2011. Retrieved May 10, 2011.
[41] “Various Licenses and Comments about Them”. GNU Project. Retrieved April 4, 2015.
[42] Carl Boettiger. “OSI recognition for Creative Commons Zero License?". In the Open Source Initiative Licence review mailing list. opensource.org. Retrieved February 1, 2012.
[43] The Open Source Initiative FAQ. “What about the Creative Commons “CC0” (“CC Zero”) public domain dedication? Is that Open Source?". opensource.org. Retrieved May 25, 2013.
[44] “Unsplash is a site full of free images for your next splash page”. The Next Web. Retrieved 2015-11-13.
[45] “License | Unsplash”. unsplash.com. Retrieved 2015-11-13.
[46] “Why Building Something Useful For Others Is The Best Marketing There Is”. Fast Company. Retrieved 2015-11-13.
[47] “Blogstock is building the Shutterstock or Unsplash of written content - Startup Daily”. Startup Daily. Retrieved 2015-11- 13.
[48] “Lawrence Lessig | Unsplash Book”. book.unsplash.com. Retrieved 2015-11-13.
[49] “Frequently Asked Questions”. CC Wiki. Retrieved March 25, 2014.
[50] Katz, Zachary (2005). “Pitfalls of Open Licensing: An Analysis of Creative Commons Licensing”. IDEA: The Intellectual Property Law Review. 46 (3): 391.
[51] “Creative Commons Case Law”. Retrieved August 31, 2011.
[52] “Creative Commons license upheld by court”. News.cnet.com. Retrieved December 24, 2012.
[53] Digital Copyright and the Consumer Revolution: Hands Off My Ipod - Matthew Rimmer - Google Böcker. Books.google.se. Retrieved December 24, 2012.
[54] “Creative Commons License Upheld by Dutch Court”. Groklaw. March 16, 2006. Retrieved September 2, 2006.
[55] “Creative Commons Licenses Enforced in Dutch Court”. Retrieved August 31, 2011.
[56] Cohen, Noam. “Use My Photo? Not Without Permission.”. New York Times. Retrieved September 25, 2007. One moment, Alison Chang, a 15-year-old student from Dallas, is cheerfully goofing around at a local church-sponsored car wash, posing with a friend for a photo. Weeks later, that photo is posted online and catches the eye of an ad agency in Australia, and the altered image of Alison appears on a billboard in Adelaide as part of a Virgin Mobile advertising campaign.
[57] Evan Brown (January 22, 2009). “No personal jurisdiction over Australian defendant in Flickr right of publicity case”. Internet Cases, a blog about law and technology. Archived from the original on July 13, 2011. Retrieved September 25, 2010.
[58] “Lawsuit Against Virgin Mobile and Creative Commons – FAQ”. Retrieved August 31, 2011.
[59] Mia Garlick (March 23, 2006). “Spanish Court Recognizes CC-Music”. Creative Commons. Retrieved September 25, 2010.
[60] “Sentencia nº 12/2006 Juzgado de lo Mercantil nº 5 de Madrid | Derecho de Internet” (in Spanish). Derecho-internet.org. Retrieved 2015-12-24. 10.1. CREATIVE COMMONS LICENSE 159
[61] Evan Brown (July 2, 2010). “New Copyright Lawsuit Involves Creative Commons”. Internet Cases: A blog about law and technology. Retrieved April 20, 2012.
[62] CMLP Staff (August 5, 2010). “GateHouse Media v. That’s Great News”. Citizen Media Law Project. Retrieved April 20, 2012.
[63] “Memorandum Opinion” (PDF). United States District Court for the District of Columbia. August 18, 2015. Retrieved August 29, 2016.
[64] Guadamuz, Andres. “US Court interprets copyleft clause in Creative Commons licenses”. TechnoLlama. Retrieved 10 December 2015.
[65] Luther, Jörg (July 2016). “Kleingedrucktes — Editorial” [Fine print — Editorial]. LinuxUser (in German) (07/2016). ISSN 1615-4444. Retrieved 2016-09-09.
[66] See also: “Abmahnung des Verbandes zum Schutz geistigen Eigentums im Internet (VSGE)" [Notice from the Association for the Protection of Intellectual Property in the Internet (VSGE)] (in German). Hannover, Germany: Feil Rechtsanwalts- gesellschaft. 8 January 2014. Retrieved 2016-09-09.
[67] “Content Directories”. creativecommons.org. Retrieved April 24, 2009.
[68] “Case Studies”. Creative Commons. Retrieved December 20, 2011.
[69] Lessig, Lawrence (June 4, 2007). “Retiring standalone DevNations and one Sampling license”. Creative Commons. Re- trieved July 5, 2007.
[70] “Developing Nations License”. Creative Commons. Retrieved April 9, 2012.
[71] “Sampling 1.0”. Creative Commons. Retrieved April 9, 2012.
[72] “Sampling Plus 1.0”. Creative Commons. November 13, 2009. Retrieved April 9, 2012.
[73] “NonCommercial Sampling Plus 1.0”. Creative Commons. November 13, 2009. Retrieved April 9, 2012.
10.1.10 External links
• Official website • Full selection of licenses
• Licenses. Overview of free licenses. freedomdefined.org 160 CHAPTER 10. DAY 10 most open
PD share CC0
remix BY
commercial BY SA
share BY NC
remix BY NC SA
BY ND
share
BY NC ND least open
all rights reserved
Creative commons license spectrum between public domain (top) and all rights reserved (bottom). Left side indicates the use-cases allowed, right side the license components. The dark green area indicates Free Cultural Works compatible licenses, the two green areas compatibility with the Remix culture. 10.1. CREATIVE COMMONS LICENSE 161
2014
CC license usage in 2014 (top and middle), “Free cultural works” compatible license usage 2010 to 2014 (bottom) 162 CHAPTER 10. DAY 10
CC zero waiver/license logo.[32] 10.1. CREATIVE COMMONS LICENSE 163
Creative Commons Public Domain Mark. Indicates works which have already fallen or were given into PD. 164 CHAPTER 10. DAY 10
A license compatibility chart for combining or mixing two CC licensed works 10.1. CREATIVE COMMONS LICENSE 165
Number of Creative Commons licensed works as of 2014, per State of the Commons report Chapter 11
Text and image sources, contributors, and licenses
11.1 Text
• Photography and the law Source: https://en.wikipedia.org/wiki/Photography_and_the_law?oldid=760878677 Contributors: Necrothesp, NeilTarrant, Mailer diablo, Harej, BDD, Mindmatrix, Uncle G, Pol098, Syced, SchuminWeb, TeaDrinker, Mhking, Bgwhite, Kom- bucha, Hairy Dude, RussBot, Spycoops, Rsrikanth05, Scote, Brandon, LaraCroft NYC, SMcCandlish, Exit2DOS2000, SmackBot, Gilliam, Durova, Chris the speller, Mdwh, Grover cleveland, Peterlewis, Dicklyon, ŠJů, Harej bot, Phooto, The Transhumanist, JeffCon- rad, JNW, Verkhovensky, Cpl Syx, Coffeepusher, Alx 91, Fuseau, Jim.henderson, Maurice Carbonaro, Rvaznyvfgxrvazny, Cavszabo, Hellno2, Mikeyp3, Fences and windows, Baltaci, AlleborgoBot, Wpcpey, SieBot, Toddst1, Millstream3, Arpitt, Vaarky, Enthusiast01, Elegie, Soonhuat95, Muro Bot, Dthomsen8, Cabayi, Addbot, Jafeluv, EdgeNavidad, JohnABerring27A, Ccacsmss, 84user, Mbinebri, Bultro, Yobot, AnomieBOT, DemocraticLuntz, Materialscientist, ArthurBot, Tyrol5, Drummerdg, Pink cloudy sky, Pinethicket, Sarah- stern, Train2104, Jonkerz, Lotje, Bonzolive, Onel5969, Bento00, Lopifalko, Shabidoo, John of Reading, QuentinUK, Cogiati, Dolovis, Palosirkka, Ramadada, ClueBot NG, Matthiaspaul, Kevin Gorman, Widr, Lambie23, Helpful Pixie Bot, BG19bot, Geirix, Wiki13, Andrew Haxley, Klilidiplomus, Anbu121, BattyBot, Tutelary, Cerabot~enwiki, Jean000071, TwoTwoHello, Epicgenius, Lemnaminor, DavidLeighEllis, Usrnix, NottNott, Constable8441, Sach999, Some Gadget Geek, PetarM, Bender the Bot, QuickCheck, Jeff Quinn and Anonymous: 84 • Observation Source: https://en.wikipedia.org/wiki/Observation?oldid=762121614 Contributors: Marj Tiefert, Danny, Hephaestos, Patrick, Michael Hardy, MartinHarper, Ixfd64, Stevenj, Andres, Jeandré du Toit, Schneelocke, Cvaneg, Altenmann, 75th Trombone, Wayland, Dave6, Ancheta Wis, Everyking, Curps, FeloniousMonk, Skagedal, Yekrats, Lakefall~enwiki, Andycjp, Antandrus, Karol Langner, Zfr, Discospinster, Bender235, Theodoranian, Hayabusa future, 9SGjOSfyHJaQVsEmy9NS, Cavrdg, La goutte de pluie, Nk, Slambo, Mdd, Batneil, Alansohn, Lightdarkness, Kusma, Gene Nygaard, Richard Arthur Norton (1958- ), Woohookitty, Uncle G, MONGO, Ak- erkhof, Waldir, Hughcharlesparker, Graham87, Rjwilmsi, Mayumashu, Vary, Venullian, Seraphimblade, TheRingess, Rui Silva, Margos- bot~enwiki, Nihiltres, Crazycomputers, Gurch, Stevenfruitsmaak, Spencerk, Westportal, DVdm, YurikBot, TexasAndroid, Huw Powell, Dr Shorthair, Stephenb, Sanguinity, Tinmith, Action potential, DeadEyeArrow, Bota47, Enormousdude, Josh3580, Katieh5584, That Guy, From That Show!, SmackBot, 1dragon, Jagged 85, CMD Beaker, Doc Strange, Iph, Kmarinas86, Hraefen, Bluebot, MalafayaBot, Silly rabbit, Xx236, Robth, Hallenrm, Tsca.bot, TheGerm, RedHillian, Hoof Hearted, Kleuske, Eynar, Byelf2007, SashatoBot, Eliyak, Heimstern, Accurizer, IronGargoyle, SpyMagician, Levineps, Simon12, JoeBot, Shoeofdeath, Chetvorno, Ioannes Pragensis, Mem4k, CmdrObot, Ale jrb, JohnCD, Thomasmeeks, Sdorrance, Neelix, Smeschia, Gregbard, Kribbeh, Peterdjones, Pascal.Tesson, Tawkerbot4, Codetiger, DumbBOT, Omicronpersei8, PKT, Epbr123, Barticus88, Andyjsmith, JohnDope, Sam42, Dantheman531, Wing Nut, Ben- McLean, Knotwork, Darrenhusted, JAnDbot, Txomin, Minnaert, Struthious Bandersnatch, PhilKnight, Wiki000, VoABot II, WODUP, Snowded, KConWiki, Catgut, Depressedrobot, EagleFan, MartinBot, Anarchia, Sm8900, R'n'B, Kateshortforbob, J.delanoy, FANSTAR- bot, AstroHurricane001, Ali, Maurice Carbonaro, Yonidebot, Joewski, Sthenno, Thurinym, Jamesontai, Treisijs, Bonadea, WinterSpw, Jeff G., JohnBlackburne, Butwhatdoiknow, AlnoktaBOT, Philip Trueman, Sweetness46, Oshwah, Klower, Bellrichard25, Zillo7, Cre- mepuff222, Wiae, Hbar12, Graymornings, Lova Falk, Nihil novi, Ødipus sic, Flyer22 Reborn, Jasgrider, JSpung, OKBot, Capitalismojo, Martarius, ClueBot, The Thing That Should Not Be, Sassf, Excirial, Jusdafax, Luiscape, Mumia-w-18, SchreiberBike, BlueDevil, Kru- usamägi, JKeck, Spitfire, Saeed.Veradi, Little Mountain 5, Avoided, Addbot, Jazmazy, Willking1979, Fgnievinski, EjsBot, Ronhjones, CanadianLinuxUser, Kapaleev, Download, LaaknorBot, Bassbonerocks, Favonian, Ingridsf, Numbo3-bot, Tide rolls, Zorrobot, Legobot, Luckas-bot, Yobot, QueenCake, KamikazeBot, Tempodivalse, AnomieBOT, Jim1138, Materialscientist, NinetyNineFennelSeeds, Phlem- bowper99, Tyrol5, Nicolemika, Gap9551, Coretheapple, Lurcio, Лев Дубовой, Thosjleep, SassoBot, Amaury, Aaron Kauppi, Prari, Ma- chine Elf 1735, SixPurpleFish, Pinethicket, Elockid, Jonesey95, MastiBot, Robo Cop, Trappist the monk, Reaper Eternal, Carmagost, Alph Bot, Themeweaver, EmausBot, WikitanvirBot, Tommy2010, Wikipelli, Hereforhomework2, AvicAWB, Newinterface, Gray eyes, Donner60, QEDQEDQED, 28bot, ClueBot NG, Vacation9, Jj1236, Widr, MerlIwBot, Ssonday36, Krenair, Teammm, MadGuy7023, LunaPatriciaLuna, Dexbot, SFK2, Wywin, The Anonymouse, PC-XT, Moony22, I am One of Many, Arnlodg, Wassupgurl99, Zelos4life, Justin15w, Lor, Ahahahah1234, Narky Blert, SarahJurgy, Murph9000, NgYShung, Woodstop45, Bear-rings, Guidance in username, MadEmperorYuri and Anonymous: 292 • Reality Source: https://en.wikipedia.org/wiki/Reality?oldid=762659917 Contributors: AxelBoldt, The Epopt, Eloquence, Mav, Bryan Derksen, The Anome, Tarquin, RK, Larry Sanger, Fredbauder, Serge Stinckwich, William Avery, Roadrunner, SimonP, Shii, Daniel C. Boyer, Tedernst, JDG, Stevertigo, Michael Hardy, Kwertii, Fred Bauder, Voidvector, Jahsonic, Grizzly, Ixfd64, Dcljr, Karada, Tre- goweth, Ahoerstemeier, Ronz, Hermeneus, Big iron, Andres, Evercat, Revolver, Abscissa, Markhurd, Hyacinth, Taxman, Fairandbal- anced, Raul654, Power~enwiki, Banno, Jeffq, Nufy8, Robbot, Goethean, Nurg, Mayooranathan, Steeev, Blainster, Dave6, Centrx, Giftlite,
166 11.1. TEXT 167
Nikodemos, Nat Krause, Wolfkeeper, Brian Kendig, Fastfission, Gamaliel, Bensaccount, Guanaco, JRR Trollkien, Wmahan, Andycjp, Antandrus, OverlordQ, Karol Langner, Thincat, Robin klein, Ratiocinate, Trevor MacInnis, Bluemask, Blanchette, Discospinster, Rich Farmbrough, Rhobite, Kevinb, Ffirehorse, Dbachmann, Rannpháirtí anaithnid (old), Jackqu7, El C, Walden, Lycurgus, Shanes, RoyBoy, Bobo192, Longhair, Smalljim, 9SGjOSfyHJaQVsEmy9NS, Nk, Pazouzou, Sebastian Goll, Thialfi, Ral315, Nsaa, Mdd, Edital, Danski14, Alansohn, Ricky81682, Logologist, Dark Shikari, Mrholybrain, Milicz, Wtmitchell, Itschris, HenryLi, Ceyockey, Tariqabjotu, Mel Eti- tis, Woohookitty, Bjones, LOL, Nuggetboy, Holdspa, Jeff3000, Shahbaznihal, BrenDJ, Deepstratagem, Gimboid13, Melissadolbeer, Ste- fanomione, Mandarax, Lusitana, Tslocum, Ketsuban, BD2412, FreplySpang, Grammarbot, Rjwilmsi, Mayumashu, Koavf, XP1, Amire80, Jiohdi, Seraphimblade, Yamamoto Ichiro, FayssalF, FlaBot, Nihiltres, Truman Burbank, Jrtayloriv, TeaDrinker, DVdm, Bgwhite, Gw- ernol, YurikBot, Wavelength, TexasAndroid, RussBot, Spaully, Bhny, Palladinus, Marcperkel, Chaser, Hondurazian, Akamad, Pollux- ian, Wimt, Friday, Nicmart, NawlinWiki, Wiki alf, Nirvana2013, LaszloWalrus, NickBush24, 24ip, Lexicon, Apokryltaros, Jpbowen, CecilWard, Zandus, Nick C, Occono, AdelaMae, Morgan Leigh, DeadEyeArrow, Elkman, Saulkaiserman, Alpha 4615, User27091, Wknight94, Richardcavell, WAS 4.250, Jcrook1987, PTSE, RDF, Smoggyrob, Denisutku, Arthur Rubin, Beaker342, Willtron, Neal- parr, Infinity0, Draxiom, Inferno9, Sardanaphalus, SmackBot, KnowledgeOfSelf, Hydrogen Iodide, Stephensuleeman, Eaglizard, Dell- dot, Josephprymak, Lowzeewee, Edgar181, Moralis, Computer tom~enwiki, Bluebot, TimBentley, Persian Poet Gal, MalafayaBot, Dlo- hcierekim’s sock, Kasyapa, Go for it!, The last sheikah, Toughpigs, John Reaves, Mladifilozof, Can't sleep, clown will eat me, Onorem, Nixeagle, WinstonSmith, EvelinaB, Parent5446, Klimov, Flyguy649, Cybercobra, Downwards, Ne0Freedom, Kntrabssi, EVula, DrL, Brainyiscool, RKloti, DMacks, Powelldinho, Xiutwel, Zedall, Risker, Vina-iwbot~enwiki, Kukini, DoctorRobert, Nathanael Bar-Aur L., DarkPrime, Kuru, Khazar, Darph~enwiki, AmiDaniel, The Cheating King, Breno, Accurizer, Wickethewok, Groggie, Cmh, Scetoaux, IronGargoyle, Jonanin, Kyle Phoenix, SQGibbon, Invisifan, Macellarius, Ryulong, Drae, Caiaffa, Scotty mckilton, StormTrooperVII, Kencf0618, Cheesewright, Polymerbringer, Walton One, O8strider8o, Boreas74, Cbrown1023, Martialis~enwiki, Courcelles, Tawker- bot2, Filelakeshoe, George100, CalebNoble, JForget, Sii, CmdrObot, Dycedarg, Victoriagirl, Vyznev Xnebara, MarsRover, S.Bowen, Ken Gallager, Penbat, Sccrwit2, Gregbard, Future Perfect at Sunrise, Texcarson, MC10, Steel, Peterdjones, Gogo Dodo, Colin Keigher, Eu.stefan, Miguel de Servet, Odie5533, DumbBOT, YorkBW, Sp, Elbarto69, JusGrimey, Documentinghalloween, PopeofPeru, Ebrahim, Elixer202, Blackjack48, Read Orwell, Thijs!bot, Generalmiaow, Epbr123, Adamlawrencejames, Headbomb, Marek69, John254, Tapir Terrific, Trevor Bekolay, Second Quantization, Rhcp00001, J. W. Love, Homerofwar, Dgies, Mentifisto, QPrime, Michelletannerfan, AntiVandalBot, Ira-welkin, Luna Santin, Flapps, Guy Macon, Seaphoto, Matty233, Cacahuate, Prolog, Rehnn83, Autocracy, Myrridias, Silver seren, Spartaz, Wahwahpedal, Gökhan, Narssarssuaq, Yooy, Afaz, Skomorokh, PhilKnight, .anacondabot, Acroterion, Bong- warrior, Test22, Charlesrkiss, AuburnPilot, Dekimasu, Fusionmix, Wikidudeman, Hasek is the best, Yappa, Midgrid, Truthspreader, Slartibartfast1992, Jessicapierce, Lyonscc, Thibbs, Conker the squirrel, DerHexer, JaGa, Teardrop onthefire, Leaderofearth, Cr 1218, Hdt83, MartinBot, SenorZimmy, Cutter1400, PSROXB, R'n'B, Earthdenizen, Phenominal22, Smartjrl, J.delanoy, Pharaoh of the Wiz- ards, Goldknightt, PCock, Trusilver, AstroHurricane001, Tdreher, Maurice Carbonaro, Aeroplane06, 12dstring, Sfnile, Jokerst44, Ma- jinShenron, Tarotcards, Pokegodnavin, Belovedfreak, SJP, Mtoff64, Fralf, ThinkBlue, Tanaats, MetsFan76, Captaincoach92, Van- ished user 39948282, WinterSpw, Darkfrog24, 117th of locar, Matticusxplaid, Pcomet, JavierMC, Lrunge, Flyingonempty, Richiar, Squids and Chips, Steel1943, Naqshabandi, CardinalDan, Idioma-bot, Fainites, Winslo2260, X!, Fanatic6, Deor, VolkovBot, Jeff G., JohnBlackburne, Nburden, Manukyan, TXiKiBoT, UnLegit, BuickCenturyDriver, Parralax, Keatonguy, GDonato, Anonymous Dissi- dent, User001~enwiki, Pandacomics, Mr Dominator, Qxz, Pmedema, Imsotessa, Ontoraul, MooCowMama, Vanguard230, Wladam- czak, Phoenix012345, Anaki72, Bobcat 10k, Colbert Avenger, Jacob Shock, Jc126fda, Frank lives, Nickmaxx, Joerelyea, Chelsea6640, Josiah548, Heitz669, Maddash3641, Bodkinik, Mr98284, Kaliselee, Jimmyarneldo, Leo878, Gogoboy2293, Realityhasbecome, All- GloryToTheHypnotoad, Edgetheow, Cremepuff222, Bustamime2000, Wiae, Rorydunne, Irishredsox, Andrewaskew, Petero9, Jr123456, Sammybat, Purgatory Fubar, XXBurn BurnXX, WatermelonPotion, Jennifergray~enwiki, Why Not A Duck, Will866, Kurgee, Simplyor- ange, Pjoef, Oo7goofy, Dancing faun, 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• Illusion Source: https://en.wikipedia.org/wiki/Illusion?oldid=762697505 Contributors: AxelBoldt, TwoOneTwo, CYD, Bryan Derk- sen, The Anome, Andre Engels, XJaM, William Avery, Stevertigo, Patrick, Vaughan, CatherineMunro, Glenn, Emperorbma, Novum, Bjh21, Maximus Rex, David Shay, Tero~enwiki, Fibonacci, Mowgli~enwiki, Renato Caniatti~enwiki, Gakrivas, Pakaran, Francs2000, Sander123, Goethean, Merovingian, Moink, Ghaz~enwiki, Hadal, Tom harrison, Leonard G., Taak, Solipsist, Utcursch, Antandrus, Karol Langner, Taka, Pgreenfinch, Aknorals, Andreas Kaufmann, Andylkl, Mike Rosoft, Imroy, Discospinster, Xezbeth, Aranel, Robert P. O'Shea, Aude, MPerel, Amerindianarts, Cédric, Mel Etitis, Jeff3000, Rad Racer, Mandarax, Yurik, RadioActive~enwiki, Rjwilmsi, 168 CHAPTER 11. TEXT AND IMAGE SOURCES, CONTRIBUTORS, AND LICENSES
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TEXT 169
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TEXT 171
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TEXT AND IMAGE SOURCES, CONTRIBUTORS, AND LICENSES
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TEXT 173
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Pengo, Alerante, DocWatson42, Andromeda~enwiki, Jason Quinn, Pgan002, ,Rich Farmbrough, Rspeer, Smyth, Gronky ,أحمد ,Kaldari, Alex Cohn, Anduin13, Askewchan, Zondor, Perey, Dcfleck, RossPatterson Bender235, Neko-chan, Bennylin, Goto, Joaocastro, Reinyday, Trevj, Alansohn, Mduvekot, Diego Moya, M7, MattWade, Danntm, Derbeth, PullUpYourSocks, Thryduulf, Angr, David Webb, Mindmatrix, Scales, Uncle G, Oliphaunt, Commander Keane, Lonewack- oDotCom, Waldir, Toussaint, Phoenix-forgotten, Koavf, XP1, Mike Peel, Miserlou, Bubba73, Sango123, Srleffler, Synchrite, Tarmo, Bgwhite, Manscher, FrankTobia, Wavelength, RussBot, Diliff, Chensiyuan, NawlinWiki, Snek01, Smartyhall, Tony1, Elkman, Dawhit- field, Sandstein, Doldrums, Johndburger, Shawnc, RockyMM, Curpsbot-unicodify, ViperSnake151, Silensor, 555, SmackBot, Inverse- 11.2. 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Hypercube, Jtneill, TheDoctor10, Imzadi1979, Jaalto, Mcld, AstareGod, KiloByte, MK8, Thumperward, DroEsperanto, Octahedron80, Frap, Ashawley, Jacob Poon, Fuhghettaboutit, Cybercobra, Martijn Hoekstra, Byelf2007, AThing, Guyjohnston, Volt4ire, Sir Nicholas de Mimsy-Porpington, Mgiganteus1, Mr Stephen, Dicklyon, Optakeover, Mauro Bieg, Argento, Dr.K., Stephenjudge, V111P, An- drew Hampe, IvanLanin, FatalError, Alton, Fletcher, Cydebot, MC10, Meno25, Gogo Dodo, Was a bee, Julian Mendez, Odie5533, Hugozam, Kozuch, Andyjsmith, KTucker, Nemilar, Screamingfingers, Isilanes, Mdkoch84, Raylopez99, SuperLuigi31, Kaobear, Sko- morokh, Turbotape, BenB4, Nyttend, WhatamIdoing, Gwern, MartinBot, J.delanoy, Erusse estelinya, JSarek, Izno, Idioma-bot, Fu- nandtrvl, VolkovBot, TXiKiBoT, Oconnor663, Dendodge, Damunzy, Andy Dingley, Meters, Synthebot, Draconx, Vinhtantran, SieBot, Robert Loring, Deshone~enwiki, Xelgen, Louismaddox, Arpitt, Wuhwuzdat, Slaporte, IDGC, Rat at WikiFur, KJG2007, Vikasatkin, Kl4m-AWB, Shinpah1, Kathleen.wright5, TarzanASG, NuclearWarfare, EhJJ, Azrael Nightwalker, DumZiBoT, Klare Kante~enwiki, AgnosticPreachersKid, InMemoriamLuangPu, CapnZapp, Dodoïste, Addbot, Mortense, Wickey-nl, Scientus, Ka Faraq Gatri, MrOllie, CarsracBot, Lightbot, SasiSasi, JakobVoss, Luckas-bot, Yobot, Satinlatin, S401, Torbinsky, AnomieBOT, KDS4444, A More Perfect Onion, Jim1138, Bluerasberry, Materialscientist, Xqbot, Evilninja, DataWraith, Bquast, The Sanest Mad Hatter, Fornitani, Petropoxy (Lithoderm Proxy), Shinemercy, Wizardist, AliceUnderground, Krinkle, LiDEL, Saba84, WelshWitch66, Umawera, Pinethicket, Wesn, Jonesey95, RedBot, Lars Washington, Serols, Medic463, Just a guy from the KP, Farmer21, Graham france, HelenOnline, Lotje, Dinamik-bot, Singlemaltscotch, BeebLee, Ken-rene` lunding, Rollins83, EmausBot, Oliverlyc, Dewritech, Seren-dipper, K6ka, ZéroBot, NicatronTg, Arghya bhakat, Litjade, Jen1979, 1Veertje, Ego White Tray, Galiaoffri, List yusuf, Frysch, ClueBot NG, Kalashnikitty, Shaddim, Intforce, Maierstrahl, Creativelycommon, Martsniez, Mozzyepic24, Widr, Lawsonstu, Be..anyone, Titodutta, BG19bot, Guy vandegrift, Puramyun31, Graham11, JohnChrysostom, MusikAnimal, PigsOTWing, Kirananils, Enervation, Chmarkine, Mikelam98, Sanglorian, Alixos, BattyBot, Bagoto, Angmayakda, , Vibhabamba, Zoe Bertrand, Rezonansowy, SZERVÁC Attila, Codename Lisa, Stephan Kulla, HarJIT, Heflox, PinkAmpersand, Alan, Michipedian, Dairhead, Anilyaduvanshi, Myconix, Ze3kr, My name is not dave, 0gb.us, Edwininlondon, 1bandsaw, Javier De La Cueva, Editor David, Bad Dryer, Mandelaephesian, Theo Mays, Eman235, DiscantX, Fquinto bcn, Pallavparmarchhapi, GeneralizationsAreBad, Jtrrs0, JJMC89, CAPTAIN RAJU, Feminist, Karu singh, Pratikdevani, Skyll- fully, Sakuragasaki46, Omwani, SyronTill Producer, Bull harjo, Lond1984, Scottishvinyard, Qzd, InternetArchiveBot, Nyahfrazier, Ultraman87, RobbieIanMorrison, GreenC bot, Np4247a, John “Hannibal” Smith, Kissan travels Amritsar, KJERSTYY TELEFSEN ARNTZEN and Anonymous: 128
11.2 Images
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SKopp assumed (based on copyright claims). • File:Flag_of_Cambodia.svg Source: https://upload.wikimedia.org/wikipedia/commons/8/83/Flag_of_Cambodia.svg License: CC0 Con- tributors: File:Flag_of_Cambodia.svg Original artist: Draw new flag by User: _ 178 CHAPTER 11. TEXT AND IMAGE SOURCES, CONTRIBUTORS, AND LICENSES
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Ga (based on Decision of the Parliament) • File:Flag_of_Cuba.svg Source: https://upload.wikimedia.org/wikipedia/commons/b/bd/Flag_of_Cuba.svg License: Public domain Con- tributors: Own work Original artist: User:Madden • File:Flag_of_Curaçao.svg Source: https://upload.wikimedia.org/wikipedia/commons/b/b1/Flag_of_Cura%C3%A7ao.svg License: Pub- lic domain Contributors: ? Original artist: ? • File:Flag_of_Cyprus.svg Source: https://upload.wikimedia.org/wikipedia/commons/d/d4/Flag_of_Cyprus.svg License: Public domain Contributors: Own work Original artist: User:Vzb83 • File:Flag_of_Côte_d'Ivoire.svg Source: https://upload.wikimedia.org/wikipedia/commons/f/fe/Flag_of_C%C3%B4te_d%27Ivoire.svg License: Public domain Contributors: Own work Original artist: Jon Harald Søby • File:Flag_of_Denmark.svg Source: https://upload.wikimedia.org/wikipedia/commons/9/9c/Flag_of_Denmark.svg License: Public do- main Contributors: Own work Original artist: User:Madden • File:Flag_of_Djibouti.svg Source: https://upload.wikimedia.org/wikipedia/commons/3/34/Flag_of_Djibouti.svg License: CC0 Con- tributors: From the Open Clip Art website. Original artist: ? • File:Flag_of_Dominica.svg Source: https://upload.wikimedia.org/wikipedia/commons/c/c4/Flag_of_Dominica.svg License: CC0 Con- tributors: Own work: Flag of Dominica originally from the Open Clip Art website. Redrawn by User:Vzb83 except for the parrot. Colours are adapted from FOTW Flags Of The World website because of the currentness (refreshed 2001). The colour sceme is found at the gov- ernment website of the Commonwealth of Dominica and THE WORLD FACTBOOK of the CIA. Original artist: User:Nightstallion • File:Flag_of_East_Timor.svg Source: https://upload.wikimedia.org/wikipedia/commons/2/26/Flag_of_East_Timor.svg License: Pub- lic domain Contributors: ? Original artist: ? • File:Flag_of_Ecuador.svg Source: https://upload.wikimedia.org/wikipedia/commons/e/e8/Flag_of_Ecuador.svg License: Public do- main Contributors: http://www.presidencia.gob.ec/pdf/Simbolos-Patrios.pdf Original artist: President of the Republic of Ecuador, Zs- cout370 • File:Flag_of_Egypt.svg Source: https://upload.wikimedia.org/wikipedia/commons/f/fe/Flag_of_Egypt.svg License: CC0 Contributors: From the Open Clip Art website. Original artist: Open Clip Art • File:Flag_of_El_Salvador.svg Source: https://upload.wikimedia.org/wikipedia/commons/3/34/Flag_of_El_Salvador.svg License: Pub- lic domain Contributors: Own work Original artist: user:Nightstallion • File:Flag_of_Equatorial_Guinea.svg Source: https://upload.wikimedia.org/wikipedia/commons/3/31/Flag_of_Equatorial_Guinea.svg License: CC0 Contributors: ? Original artist: ? • File:Flag_of_Eritrea.svg Source: https://upload.wikimedia.org/wikipedia/commons/2/29/Flag_of_Eritrea.svg License: CC0 Contribu- tors: From the Open Clip Art website. Original artist: [[user:]] • File:Flag_of_Estonia.svg Source: https://upload.wikimedia.org/wikipedia/commons/8/8f/Flag_of_Estonia.svg License: Public domain Contributors: http://www.riigikantselei.ee/?id=73847 Original artist: Originally drawn by User:SKopp. Blue colour changed by User: PeepP to match the image at [1]. • File:Flag_of_Ethiopia.svg Source: https://upload.wikimedia.org/wikipedia/commons/7/71/Flag_of_Ethiopia.svg License: Public do- main Contributors: http://www.ethiopar.net/type/Amharic/hopre/bills/1998/654.ae..pdf Original artist: Drawn by User:SKopp • File:Flag_of_Europe.svg Source: https://upload.wikimedia.org/wikipedia/commons/b/b7/Flag_of_Europe.svg License: Public domain Contributors: • File based on the specification given at [1]. Original artist: User:Verdy p, User:-xfi-, User:Paddu, User:Nightstallion, User:Funakoshi, User:Jeltz, User:Dbenbenn, User:Zscout370 • File:Flag_of_Fiji.svg Source: https://upload.wikimedia.org/wikipedia/commons/b/ba/Flag_of_Fiji.svg License: CC0 Contributors: ? Original artist: ? 11.2. IMAGES 179
• File:Flag_of_Finland.svg Source: https://upload.wikimedia.org/wikipedia/commons/b/bc/Flag_of_Finland.svg License: Public domain Contributors: http://www.finlex.fi/fi/laki/ajantasa/1978/19780380 Original artist: Drawn by User:SKopp • File:Flag_of_France.svg Source: https://upload.wikimedia.org/wikipedia/en/c/c3/Flag_of_France.svg License: PD Contributors: ? Orig- inal artist: ? • File:Flag_of_Gabon.svg Source: https://upload.wikimedia.org/wikipedia/commons/0/04/Flag_of_Gabon.svg License: Public domain Contributors: ? Original artist: ? • File:Flag_of_Georgia.svg Source: https://upload.wikimedia.org/wikipedia/commons/0/0f/Flag_of_Georgia.svg License: Public domain Contributors: Own work based on File:Brdzanebuleba 31.pdf Original artist: User:SKopp • File:Flag_of_Germany.svg Source: https://upload.wikimedia.org/wikipedia/en/b/ba/Flag_of_Germany.svg License: PD Contributors: ? Original artist: ? • File:Flag_of_Ghana.svg Source: https://upload.wikimedia.org/wikipedia/commons/1/19/Flag_of_Ghana.svg License: Public domain Contributors: ? Original artist: ? • File:Flag_of_Greece.svg Source: https://upload.wikimedia.org/wikipedia/commons/5/5c/Flag_of_Greece.svg License: Public domain Contributors: own code Original artist: (of code) cs:User:-xfi- (talk) • File:Flag_of_Grenada.svg Source: https://upload.wikimedia.org/wikipedia/commons/b/bc/Flag_of_Grenada.svg License: Public do- main Contributors: SKopp Original artist: Drawn by User:SKopp • File:Flag_of_Guatemala.svg Source: https://upload.wikimedia.org/wikipedia/commons/e/ec/Flag_of_Guatemala.svg License: Public domain Contributors: Own work Original artist: User:K21edgo • File:Flag_of_Guinea-Bissau.svg Source: https://upload.wikimedia.org/wikipedia/commons/0/01/Flag_of_Guinea-Bissau.svg License: Public domain Contributors: ? Original artist: ? • File:Flag_of_Guinea.svg Source: https://upload.wikimedia.org/wikipedia/commons/e/ed/Flag_of_Guinea.svg License: Public domain Contributors: ? Original artist: ? • File:Flag_of_Guyana.svg Source: https://upload.wikimedia.org/wikipedia/commons/9/99/Flag_of_Guyana.svg License: Public domain Contributors: ? Original artist: ? • File:Flag_of_Haiti.svg Source: https://upload.wikimedia.org/wikipedia/commons/5/56/Flag_of_Haiti.svg License: Public domain Con- tributors: Coat of arms from: Coat of arms of Haiti.svg by Lokal_Profil and Myriam Thyes Original artist: (colours and size changes of the now deletied versions) Madden, Vzb83, Denelson83, Chanheigeorge, Zscout370 and Nightstallion
• File:Flag_of_Honduras.svg Source: https://upload.wikimedia.org/wikipedia/commons/8/82/Flag_of_Honduras.svg License: Public do- main Contributors: ? Original artist: ? • File:Flag_of_Hong_Kong.svg Source: https://upload.wikimedia.org/wikipedia/commons/5/5b/Flag_of_Hong_Kong.svg License: Pub- lic domain Contributors: http://www.protocol.gov.hk/flags/chi/r_flag/index.html Original artist: Tao Ho • File:Flag_of_Hungary.svg Source: https://upload.wikimedia.org/wikipedia/commons/c/c1/Flag_of_Hungary.svg License: Public do- main Contributors: • Flags of the World – Hungary Original artist: SKopp • File:Flag_of_Iceland.svg Source: https://upload.wikimedia.org/wikipedia/commons/c/ce/Flag_of_Iceland.svg License: Public domain Contributors: Islandic National Flag Original artist: Ævar Arnfjörð Bjarmason, Zscout370 and others • File:Flag_of_India.svg Source: https://upload.wikimedia.org/wikipedia/en/4/41/Flag_of_India.svg License: Public domain Contribu- tors: ? Original artist: ? • File:Flag_of_Indonesia.svg Source: https://upload.wikimedia.org/wikipedia/commons/9/9f/Flag_of_Indonesia.svg License: Public do- main Contributors: Law: s:id:Undang-Undang Republik Indonesia Nomor 24 Tahun 2009 (http://badanbahasa.kemdiknas.go.id/lamanbahasa/ sites/default/files/UU_2009_24.pdf) Original artist: Drawn by User:SKopp, rewritten by User:Gabbe • File:Flag_of_Iran.svg Source: https://upload.wikimedia.org/wikipedia/commons/c/ca/Flag_of_Iran.svg License: Public domain Con- tributors: URL http://www.isiri.org/portal/files/std/1.htm and an English translation / interpretation at URL http://flagspot.net/flags/ir' .html Original artist: Various • File:Flag_of_Iraq.svg Source: https://upload.wikimedia.org/wikipedia/commons/f/f6/Flag_of_Iraq.svg License: Public domain Con- tributors: • This image is based on the CIA Factbook, and the website of Office of the President of Iraq, vectorized by User:Militaryace Original artist: Unknown, published by Iraqi governemt, vectorized by User:Militaryace based on the work of User:Hoshie • File:Flag_of_Ireland.svg Source: https://upload.wikimedia.org/wikipedia/commons/4/45/Flag_of_Ireland.svg License: Public domain Contributors: Drawn by User:SKopp Original artist: ? • File:Flag_of_Israel.svg Source: https://upload.wikimedia.org/wikipedia/commons/d/d4/Flag_of_Israel.svg License: Public domain Con- tributors: http://mfa.gov.il/MFA/AboutIsrael/IsraelAt50/Pages/The%20Flag%20and%20the%20Emblem.aspx Original artist: “The Pro- visional Council of State Proclamation of the Flag of the State of Israel” of 25 Tishrei 5709 (28 October 1948) provides the official specification for the design of the Israeli flag. • File:Flag_of_Italy.svg Source: https://upload.wikimedia.org/wikipedia/en/0/03/Flag_of_Italy.svg License: PD Contributors: ? Original artist: ? • File:Flag_of_Jamaica.svg Source: https://upload.wikimedia.org/wikipedia/commons/0/0a/Flag_of_Jamaica.svg License: Public do- main Contributors: Own work Original artist: The source code of this SVG is valid. • File:Flag_of_Japan.svg Source: https://upload.wikimedia.org/wikipedia/en/9/9e/Flag_of_Japan.svg License: PD Contributors: ? Orig- inal artist: ? 180 CHAPTER 11. TEXT AND IMAGE SOURCES, CONTRIBUTORS, AND LICENSES
• File:Flag_of_Jordan.svg Source: https://upload.wikimedia.org/wikipedia/commons/c/c0/Flag_of_Jordan.svg License: Public domain Contributors: ? Original artist: ? • File:Flag_of_Kazakhstan.svg Source: https://upload.wikimedia.org/wikipedia/commons/d/d3/Flag_of_Kazakhstan.svg License: Pub- lic domain Contributors: own code, construction sheet Original artist: -xfi- • File:Flag_of_Kenya.svg Source: https://upload.wikimedia.org/wikipedia/commons/4/49/Flag_of_Kenya.svg License: Public domain Contributors: http://www.kenyarchives.go.ke/flag_specifications.htm Original artist: User:Pumbaa80 • File:Flag_of_Kiribati.svg Source: https://upload.wikimedia.org/wikipedia/commons/d/d3/Flag_of_Kiribati.svg License: Public do- main Contributors: ? Original artist: ? • File:Flag_of_Kosovo.svg Source: https://upload.wikimedia.org/wikipedia/commons/1/1f/Flag_of_Kosovo.svg License: Public domain Contributors: Originally from Image:Flag of Kosovo.png. Original artist: Cradel (current version), earlier version by Ningyou • File:Flag_of_Kuwait.svg Source: https://upload.wikimedia.org/wikipedia/commons/a/aa/Flag_of_Kuwait.svg License: Public domain Contributors: Own work Original artist: SKopp • File:Flag_of_Kyrgyzstan.svg Source: https://upload.wikimedia.org/wikipedia/commons/c/c7/Flag_of_Kyrgyzstan.svg License: Public domain Contributors: Drawn by User:SKopp, construction sheet. Redo by: cs:User:-xfi- Original artist: Made by Andrew Duhan for the Sodipodi SVG flag collection, and is public domain. • File:Flag_of_Laos.svg Source: https://upload.wikimedia.org/wikipedia/commons/5/56/Flag_of_Laos.svg License: Public domain Con- tributors: Drawn by User:SKopp Original artist: ? • File:Flag_of_Latvia.svg Source: https://upload.wikimedia.org/wikipedia/commons/8/84/Flag_of_Latvia.svg License: Public domain Contributors: Own work Original artist: SKopp • File:Flag_of_Lebanon.svg Source: https://upload.wikimedia.org/wikipedia/commons/5/59/Flag_of_Lebanon.svg License: Public do- main Contributors: ? Original artist: Traced based on the CIA World Factbook with some modification done to the colours based on information at Vexilla mundi. • File:Flag_of_Lesotho.svg Source: https://upload.wikimedia.org/wikipedia/commons/4/4a/Flag_of_Lesotho.svg License: Public do- main Contributors: Own work Original artist: Zscout370 • File:Flag_of_Liberia.svg Source: https://upload.wikimedia.org/wikipedia/commons/b/b8/Flag_of_Liberia.svg License: Public domain Contributors: Version 1: SKopp Original artist: Government of Liberia • File:Flag_of_Libya.svg Source: https://upload.wikimedia.org/wikipedia/commons/0/05/Flag_of_Libya.svg License: Public domain Con- tributors: File:Flag of Libya (1951).svg Original artist: The source code of this SVG is valid. • File:Flag_of_Liechtenstein.svg Source: https://upload.wikimedia.org/wikipedia/commons/4/47/Flag_of_Liechtenstein.svg License: Pub- lic domain Contributors: ? Original artist: ? • File:Flag_of_Lithuania.svg Source: https://upload.wikimedia.org/wikipedia/commons/1/11/Flag_of_Lithuania.svg License: Public do- main Contributors: Own work Original artist: SuffKopp • File:Flag_of_Luxembourg.svg Source: https://upload.wikimedia.org/wikipedia/commons/d/da/Flag_of_Luxembourg.svg License: Pub- lic domain Contributors: Own work http://www.legilux.public.lu/leg/a/archives/1972/0051/a051.pdf#page=2, colors from http://www. legilux.public.lu/leg/a/archives/1993/0731609/0731609.pdf Original artist: Drawn by User:SKopp • File:Flag_of_Macau.svg Source: https://upload.wikimedia.org/wikipedia/commons/6/63/Flag_of_Macau.svg License: Public domain Contributors: GB 17654-1999 Original artist: PhiLiP • File:Flag_of_Macedonia.svg Source: https://upload.wikimedia.org/wikipedia/commons/f/f8/Flag_of_Macedonia.svg License: Public domain Contributors: Own work Original artist: User:SKopp, rewritten by User:Gabbe • File:Flag_of_Madagascar.svg Source: https://upload.wikimedia.org/wikipedia/commons/b/bc/Flag_of_Madagascar.svg License: Pub- lic domain Contributors: ? Original artist: ? • File:Flag_of_Malawi.svg Source: https://upload.wikimedia.org/wikipedia/commons/d/d1/Flag_of_Malawi.svg License: Public domain Contributors: ? Original artist: ? • File:Flag_of_Malaysia.svg Source: https://upload.wikimedia.org/wikipedia/commons/6/66/Flag_of_Malaysia.svg License: Public do- main Contributors: Create based on the Malaysian Government Website (archive version) Original artist: SKopp, Zscout370 and Ranking Update
• File:Flag_of_Maldives.svg Source: https://upload.wikimedia.org/wikipedia/commons/0/0f/Flag_of_Maldives.svg License: Public do- main Contributors: Own work Original artist: user:Nightstallion • File:Flag_of_Mali.svg Source: https://upload.wikimedia.org/wikipedia/commons/9/92/Flag_of_Mali.svg License: Public domain Con- tributors: ? Original artist: ? • File:Flag_of_Malta.svg Source: https://upload.wikimedia.org/wikipedia/commons/7/73/Flag_of_Malta.svg License: CC0 Contributors: ? Original artist: ? • File:Flag_of_Mauritania.svg Source: https://upload.wikimedia.org/wikipedia/commons/4/43/Flag_of_Mauritania.svg License: Public domain Contributors: ? Original artist: ? • File:Flag_of_Mauritius.svg Source: https://upload.wikimedia.org/wikipedia/commons/7/77/Flag_of_Mauritius.svg License: Public do- main Contributors: Own work Original artist: Zscout370 • File:Flag_of_Mexico.svg Source: https://upload.wikimedia.org/wikipedia/commons/f/fc/Flag_of_Mexico.svg License: Public domain Contributors: This vector image was created with Inkscape. Original artist: Alex Covarrubias, 9 April 2006 11.2. IMAGES 181
• File:Flag_of_Moldova.svg Source: https://upload.wikimedia.org/wikipedia/commons/2/27/Flag_of_Moldova.svg License: Public do- main Contributors: vector coat of arms image traced by User:Nameneko from Image:Moldova gerb large.png. Construction sheet can be found at http://flagspot.net/flags/md.html#const Original artist: Nameneko and others • File:Flag_of_Monaco.svg Source: https://upload.wikimedia.org/wikipedia/commons/e/ea/Flag_of_Monaco.svg License: Public domain Contributors: ? Original artist: ? • File:Flag_of_Mongolia.svg Source: https://upload.wikimedia.org/wikipedia/commons/4/4c/Flag_of_Mongolia.svg License: Public do- main Contributors: Current version is SVG implementation of the Mongolian flag as described by Mongolian National Standard MNS 6262:2011 (Mongolian State Flag. General requirements [1] Original artist: User:Zscout370 • File:Flag_of_Montenegro.svg Source: https://upload.wikimedia.org/wikipedia/commons/6/64/Flag_of_Montenegro.svg License: Pub- lic domain Contributors: Own work Original artist: B1mbo, Froztbyte • File:Flag_of_Morocco.svg Source: https://upload.wikimedia.org/wikipedia/commons/2/2c/Flag_of_Morocco.svg License: Public do- main Contributors: Flag of the Kingdom of Morocco
Moroccan royal decree (17 Novem- ber 1915), BO-135-ar page 6 Original artist: Denelson83, Zscout370 • File:Flag_of_Mozambique.svg Source: https://upload.wikimedia.org/wikipedia/commons/d/d0/Flag_of_Mozambique.svg License: CC0 Contributors: From the Open Clip Art website. Original artist: User:Nightstallion • File:Flag_of_Myanmar.svg Source: https://upload.wikimedia.org/wikipedia/commons/8/8c/Flag_of_Myanmar.svg License: CC0 Con- tributors: Open Clip Art Original artist: Unknown
• File:Flag_of_Namibia.svg Source: https://upload.wikimedia.org/wikipedia/commons/0/00/Flag_of_Namibia.svg License: Public do- main Contributors: ? Original artist: ? • File:Flag_of_Nauru.svg Source: https://upload.wikimedia.org/wikipedia/commons/3/30/Flag_of_Nauru.svg License: Public domain Contributors: ? Original artist: Source: Drawn by User:SKopp • File:Flag_of_Nepal.svg Source: https://upload.wikimedia.org/wikipedia/commons/9/9b/Flag_of_Nepal.svg License: Public domain Con- tributors: Constitution of The Kingdom of Nepal, Article 5, Schedule 1 [1] Original artist: Drawn by User:Pumbaa80, User:Achim1999 • File:Flag_of_New_Zealand.svg Source: https://upload.wikimedia.org/wikipedia/commons/3/3e/Flag_of_New_Zealand.svg License: Pub- lic domain Contributors: http://www.mch.govt.nz/files/NZ%20Flag%20-%20proportions.JPG Original artist: Zscout370, Hugh Jass and many others • File:Flag_of_Nicaragua.svg Source: https://upload.wikimedia.org/wikipedia/commons/1/19/Flag_of_Nicaragua.svg License: Public domain Contributors: Own work based on: Law About Characteristics And Use Of Patriotic Symbols of Nicaragua Original artist: C records (talk · contribs) • File:Flag_of_Niger.svg Source: https://upload.wikimedia.org/wikipedia/commons/f/f4/Flag_of_Niger.svg License: Public domain Con- tributors: The “burnt orange” color in the top band and circle is Pantone(166), i.e. RGB(224,82,6) = #E05206 on sRGB CRT screen, or CMYK(0,65%,100%,0) for process coated print, BUT NOT light orange #FF7000 which is somewhere between Pantone(130C) and Pantone(151), and is even lighter than X11 orange! See http://www.seoconsultants.com/css/colors/conversion/100/ The central white band is plain D65 reference white = RGB(255,255,255) = #FFFFFF. Original artist: Made by: Philippe Verdy User:verdy_p, see also fr:Utilisateur:verdy_p. • File:Flag_of_Nigeria.svg Source: https://upload.wikimedia.org/wikipedia/commons/7/79/Flag_of_Nigeria.svg License: Public domain Contributors: ? Original artist: ? • File:Flag_of_North_Korea.svg Source: https://upload.wikimedia.org/wikipedia/commons/5/51/Flag_of_North_Korea.svg License: Pub- lic domain Contributors: Own work Original artist: Zscout370 • File:Flag_of_Norway.svg Source: https://upload.wikimedia.org/wikipedia/commons/d/d9/Flag_of_Norway.svg License: Public domain Contributors: Own work Original artist: Dbenbenn • File:Flag_of_Oman.svg Source: https://upload.wikimedia.org/wikipedia/commons/d/dd/Flag_of_Oman.svg License: CC0 Contribu- tors: ? Original artist: ? • File:Flag_of_Pakistan.svg Source: https://upload.wikimedia.org/wikipedia/commons/3/32/Flag_of_Pakistan.svg License: Public do- main Contributors: The drawing and the colors were based from flagspot.net. Original artist: User:Zscout370 • File:Flag_of_Palau.svg Source: https://upload.wikimedia.org/wikipedia/commons/4/48/Flag_of_Palau.svg License: Public domain Con- tributors: No machine-readable source provided. Own work assumed (based on copyright claims). Original artist: No machine-readable author provided. Nightstallion assumed (based on copyright claims). • File:Flag_of_Panama.svg Source: https://upload.wikimedia.org/wikipedia/commons/a/ab/Flag_of_Panama.svg License: Public do- main Contributors: ? Original artist: ? • File:Flag_of_Papua_New_Guinea.svg Source: https://upload.wikimedia.org/wikipedia/commons/e/e3/Flag_of_Papua_New_Guinea. svg License: Public domain Contributors: Own work, FOTW Original artist: User:Nightstallion 182 CHAPTER 11. TEXT AND IMAGE SOURCES, CONTRIBUTORS, AND LICENSES
• File:Flag_of_Paraguay.svg Source: https://upload.wikimedia.org/wikipedia/commons/2/27/Flag_of_Paraguay.svg License: CC0 Con- tributors: This file is from the Open Clip Art Library, which released it explicitly into the public domain (see here). Original artist: Republica del Paraguay • File:Flag_of_Peru.svg Source: https://upload.wikimedia.org/wikipedia/commons/c/cf/Flag_of_Peru.svg License: Public domain Con- tributors: Peru Original artist: David Benbennick • File:Flag_of_Poland.svg Source: https://upload.wikimedia.org/wikipedia/en/1/12/Flag_of_Poland.svg License: Public domain Contrib- utors: ? Original artist: ? • File:Flag_of_Portugal.svg Source: https://upload.wikimedia.org/wikipedia/commons/5/5c/Flag_of_Portugal.svg License: Public do- main Contributors: http://jorgesampaio.arquivo.presidencia.pt/pt/republica/simbolos/bandeiras/index.html#imgs Original artist: Colum- bano Bordalo Pinheiro (1910; generic design); Vítor Luís Rodrigues; António Martins-Tuválkin (2004; this specific vector set: see sources) • File:Flag_of_Qatar.svg Source: https://upload.wikimedia.org/wikipedia/commons/6/65/Flag_of_Qatar.svg License: Public domain Con- tributors: Drawn by User:SKopp Original artist: (of code) cs:User:-xfi- • File:Flag_of_Romania.svg Source: https://upload.wikimedia.org/wikipedia/commons/7/73/Flag_of_Romania.svg License: Public do- main Contributors: Own work Original artist: AdiJapan • File:Flag_of_Russia.svg Source: https://upload.wikimedia.org/wikipedia/en/f/f3/Flag_of_Russia.svg License: PD Contributors: ? Orig- inal artist: ? • File:Flag_of_Rwanda.svg Source: https://upload.wikimedia.org/wikipedia/commons/1/17/Flag_of_Rwanda.svg License: Public do- main Contributors: http://www.primature.gov.rw/component/option,com_docman/task,doc_download/gid,859/Itemid,95/ Original artist: This vector image was created with Inkscape by Zscout370, and then manually edited. • File:Flag_of_Saint_Helena.svg Source: https://upload.wikimedia.org/wikipedia/commons/0/00/Flag_of_Saint_Helena.svg License: Pub- lic domain Contributors: From the xrmap flag collection 2.9 (gb-sh.svg). Original artist: Patricia Fidi • File:Flag_of_Saint_Kitts_and_Nevis.svg Source: https://upload.wikimedia.org/wikipedia/commons/f/fe/Flag_of_Saint_Kitts_and_Nevis. svg License: Public domain Contributors: Own work in accordance with http://www.vexilla-mundi.com/saint_kitts_and_nevis.htm Orig- inal artist: User:Pumbaa80 • File:Flag_of_Saint_Lucia.svg Source: https://upload.wikimedia.org/wikipedia/commons/9/9f/Flag_of_Saint_Lucia.svg License: Pub- lic domain Contributors: Own work, Government of Saint Lucia Original artist: SKopp • File:Flag_of_Saint_Vincent_and_the_Grenadines.svg Source: https://upload.wikimedia.org/wikipedia/commons/6/6d/Flag_of_Saint_ Vincent_and_the_Grenadines.svg License: Public domain Contributors: No machine-readable source provided. Own work assumed (based on copyright claims). Original artist: No machine-readable author provided. SKopp assumed (based on copyright claims). • File:Flag_of_Samoa.svg Source: https://upload.wikimedia.org/wikipedia/commons/3/31/Flag_of_Samoa.svg License: Public domain Contributors: ? Original artist: ? • File:Flag_of_San_Marino.svg Source: https://upload.wikimedia.org/wikipedia/commons/b/b1/Flag_of_San_Marino.svg License: Pub- lic domain Contributors: Own work: [/Users/bicio/Desktop/Cailungo logo 40°.jpg] Original artist: Zscout370 • File:Flag_of_Sao_Tome_and_Principe.svg Source: https://upload.wikimedia.org/wikipedia/commons/4/4f/Flag_of_Sao_Tome_and_ Principe.svg License: Public domain Contributors: ? Original artist: ? • File:Flag_of_Saudi_Arabia.svg Source: https://upload.wikimedia.org/wikipedia/commons/0/0d/Flag_of_Saudi_Arabia.svg License: CC0 Contributors: the actual flag Original artist: Unknown • File:Flag_of_Senegal.svg Source: https://upload.wikimedia.org/wikipedia/commons/f/fd/Flag_of_Senegal.svg License: Public domain Contributors: Original upload from Openclipart : Senegal. However, the current source code for this SVG file has almost nothing in common with the original upload. Original artist: Original upload by Nightstallion • File:Flag_of_Serbia.svg Source: https://upload.wikimedia.org/wikipedia/commons/f/ff/Flag_of_Serbia.svg License: Public domain Contributors: From http://www.parlament.gov.rs/content/cir/o_skupstini/simboli/simboli.asp. Original artist: sodipodi.com • File:Flag_of_Sierra_Leone.svg Source: https://upload.wikimedia.org/wikipedia/commons/1/17/Flag_of_Sierra_Leone.svg License: Pub- lic domain Contributors: ? Original artist: Zscout370 • File:Flag_of_Singapore.svg Source: https://upload.wikimedia.org/wikipedia/commons/4/48/Flag_of_Singapore.svg License: Public domain Contributors: The drawing was based from http://app.www.sg/who/42/National-Flag.aspx. Colors from the book: (2001). The National Symbols Kit. Singapore: Ministry of Information, Communications and the Arts. pp. 5. ISBN 8880968010 Pantone 032 shade from http://www.pantone.com/pages/pantone/colorfinder.aspx?c_id=13050 Original artist: Various • File:Flag_of_Sint_Maarten.svg Source: https://upload.wikimedia.org/wikipedia/commons/d/d3/Flag_of_Sint_Maarten.svg License: Pub- lic domain Contributors: SVG source for the coat of arms is from File:Coat of arms of Sint Maarten.svg, with background colors and dimensions hand-drawn per previous versions. Original artist: User:Shervinafshar, based on work of User:Washiucho. Earlier non-PD versions by User:SiBr4, User:Fry1989, and User:Andrwsc. • File:Flag_of_Slovakia.svg Source: https://upload.wikimedia.org/wikipedia/commons/e/e6/Flag_of_Slovakia.svg License: Public do- main Contributors: Own work; here, colors Original artist: SKopp • File:Flag_of_Slovenia.svg Source: https://upload.wikimedia.org/wikipedia/commons/f/f0/Flag_of_Slovenia.svg License: Public do- main Contributors: Own work construction sheet from http://flagspot.net/flags/si%27.html#coa Original artist: User:Achim1999 • File:Flag_of_Somalia.svg Source: https://upload.wikimedia.org/wikipedia/commons/a/a0/Flag_of_Somalia.svg License: Public do- main Contributors: see below Original artist: see upload history • File:Flag_of_South_Africa.svg Source: https://upload.wikimedia.org/wikipedia/commons/a/af/Flag_of_South_Africa.svg License: Pub- lic domain Contributors: Per specifications in the Constitution of South Africa, Schedule 1 - National flag Original artist: Flag design by Frederick Brownell, image by Wikimedia Commons users 11.2. IMAGES 183
• File:Flag_of_South_Korea.svg Source: https://upload.wikimedia.org/wikipedia/commons/0/09/Flag_of_South_Korea.svg License: Pub- lic domain Contributors: Ordinance Act of the Law concerning the National Flag of the Republic of Korea, Construction and color guidelines (Russian/English) Original artist: Various • File:Flag_of_Spain.svg Source: https://upload.wikimedia.org/wikipedia/en/9/9a/Flag_of_Spain.svg License: PD Contributors: ? Origi- nal artist: ? • File:Flag_of_Sri_Lanka.svg Source: https://upload.wikimedia.org/wikipedia/commons/1/11/Flag_of_Sri_Lanka.svg License: Public domain Contributors: SLS 693 - National flag of Sri Lanka Original artist: Zscout370 • File:Flag_of_Sudan.svg Source: https://upload.wikimedia.org/wikipedia/commons/0/01/Flag_of_Sudan.svg License: Public domain Contributors: www.vexilla-mundi.com Original artist: Vzb83 • File:Flag_of_Suriname.svg Source: https://upload.wikimedia.org/wikipedia/commons/6/60/Flag_of_Suriname.svg License: Public do- main Contributors: Drawn according Description of flag and Corporate design guidelines - National flag colours. Original artist: Un- known
• File:Flag_of_Swaziland.svg Source: https://upload.wikimedia.org/wikipedia/commons/1/1e/Flag_of_Swaziland.svg License: CC0 Con- tributors: ? Original artist: ? • File:Flag_of_Sweden.svg Source: https://upload.wikimedia.org/wikipedia/en/4/4c/Flag_of_Sweden.svg License: PD Contributors: ? Original artist: ? • File:Flag_of_Switzerland.svg Source: https://upload.wikimedia.org/wikipedia/commons/f/f3/Flag_of_Switzerland.svg License: Pub- lic domain Contributors: PDF Colors Construction sheet Original artist: User:Marc Mongenet
Credits: • File:Flag_of_Syria.svg Source: https://upload.wikimedia.org/wikipedia/commons/5/53/Flag_of_Syria.svg License: Public domain Con- tributors: see below Original artist: see below • File:Flag_of_Tajikistan.svg Source: https://upload.wikimedia.org/wikipedia/commons/d/d0/Flag_of_Tajikistan.svg License: Public domain Contributors: ? Original artist: ? • File:Flag_of_Tanzania.svg Source: https://upload.wikimedia.org/wikipedia/commons/3/38/Flag_of_Tanzania.svg License: Public do- main Contributors: ? Original artist: ? • File:Flag_of_Thailand.svg Source: https://upload.wikimedia.org/wikipedia/commons/a/a9/Flag_of_Thailand.svg License: Public do- main Contributors: Own work Original artist: Zscout370 • File:Flag_of_The_Gambia.svg Source: https://upload.wikimedia.org/wikipedia/commons/7/77/Flag_of_The_Gambia.svg License: Pub- lic domain Contributors: Own work Original artist: Vzb83 • File:Flag_of_Togo.svg Source: https://upload.wikimedia.org/wikipedia/commons/6/68/Flag_of_Togo.svg License: Public domain Con- tributors: ? Original artist: ? • File:Flag_of_Tonga.svg Source: https://upload.wikimedia.org/wikipedia/commons/9/9a/Flag_of_Tonga.svg License: CC0 Contribu- tors: ? Original artist: ? • File:Flag_of_Trinidad_and_Tobago.svg Source: https://upload.wikimedia.org/wikipedia/commons/6/64/Flag_of_Trinidad_and_Tobago. svg License: Public domain Contributors: ? Original artist: ? • File:Flag_of_Tunisia.svg Source: https://upload.wikimedia.org/wikipedia/commons/c/ce/Flag_of_Tunisia.svg License: Public domain Contributors: http://www.w3.org/ Original artist: entraîneur: BEN KHALIFA WISSAM • File:Flag_of_Turkey.svg Source: https://upload.wikimedia.org/wikipedia/commons/b/b4/Flag_of_Turkey.svg License: Public domain Contributors: Turkish Flag Law (Türk Bayrağı Kanunu), Law nr. 2893 of 22 September 1983. Text (in Turkish) at the website of the Turkish Historical Society (Türk Tarih Kurumu) Original artist: David Benbennick (original author) • File:Flag_of_Turkmenistan.svg Source: https://upload.wikimedia.org/wikipedia/commons/1/1b/Flag_of_Turkmenistan.svg License: Public domain Contributors: ? Original artist: ? • File:Flag_of_Tuvalu.svg Source: https://upload.wikimedia.org/wikipedia/commons/3/38/Flag_of_Tuvalu.svg License: CC0 Contribu- tors: See URL [6] for “officially” credibility and “correctness” of precise star-positions Original artist: User:Zscout370 • File:Flag_of_Uganda.svg Source: https://upload.wikimedia.org/wikipedia/commons/4/4e/Flag_of_Uganda.svg License: CC0 Contrib- utors: From the Open ClipArt Library website. Original artist: tobias • File:Flag_of_Ukraine.svg Source: https://upload.wikimedia.org/wikipedia/commons/4/49/Flag_of_Ukraine.svg License: Public do- main Contributors: ДСТУ 4512:2006 — Державний прапор України. Загальні технічні умови Original artist: Government of Ukraine • File:Flag_of_Uruguay.svg Source: https://upload.wikimedia.org/wikipedia/commons/f/fe/Flag_of_Uruguay.svg License: Public do- main Contributors: design of the sun copied from URL [1], which was copied by Francisco Gregoric, 5 Jul 2004 from URL [2] Original artist: User:Reisio (original author) • File:Flag_of_Uzbekistan.svg Source: https://upload.wikimedia.org/wikipedia/commons/8/84/Flag_of_Uzbekistan.svg License: Public domain Contributors: Own work Original artist: Oʻzbekiston Respublikasining Davlat bayrogʻi. The officially defined colours are Pantone 313C for blue and 361C for green (source: [1], [2]). Drawn by User:Zscout370. • File:Flag_of_Vanuatu.svg Source: https://upload.wikimedia.org/wikipedia/commons/b/bc/Flag_of_Vanuatu.svg License: Public do- main Contributors: ? Original artist: ? • File:Flag_of_Venezuela.svg Source: https://upload.wikimedia.org/wikipedia/commons/0/06/Flag_of_Venezuela.svg License: Public domain Contributors: official websites Original artist: Zscout370 184 CHAPTER 11. TEXT AND IMAGE SOURCES, CONTRIBUTORS, AND LICENSES
• File:Flag_of_Vietnam.svg Source: https://upload.wikimedia.org/wikipedia/commons/2/21/Flag_of_Vietnam.svg License: Public do- main Contributors: http://vbqppl.moj.gov.vn/law/vi/1951_to_1960/1955/195511/195511300001 http://vbqppl.moj.gov.vn/vbpq/Lists/ Vn%20bn%20php%20lut/View_Detail.aspx?ItemID=820 Original artist: Lưu Ly vẽ lại theo nguồn trên • File:Flag_of_Yemen.svg Source: https://upload.wikimedia.org/wikipedia/commons/8/89/Flag_of_Yemen.svg License: CC0 Contribu- tors: Open Clip Art website Original artist: ? • File:Flag_of_Zambia.svg Source: https://upload.wikimedia.org/wikipedia/commons/0/06/Flag_of_Zambia.svg License: CC0 Contrib- utors: http://www.parliament.gov.zm/downloads/ Original artist: • Author: Tobias Jakobs (in the public domain) and User:Zscout370 • File:Flag_of_Zimbabwe.svg Source: https://upload.wikimedia.org/wikipedia/commons/6/6a/Flag_of_Zimbabwe.svg License: Public domain Contributors: Own work after www.flag.de Original artist: User:Madden • File:Flag_of_the_Bahamas.svg Source: https://upload.wikimedia.org/wikipedia/commons/9/93/Flag_of_the_Bahamas.svg License: Pub- lic domain Contributors: Own work Original artist: Bahamas government • File:Flag_of_the_British_Indian_Ocean_Territory.svg Source: https://upload.wikimedia.org/wikipedia/commons/6/6e/Flag_of_the_ British_Indian_Ocean_Territory.svg License: CC0 Contributors: From the Open Clip Art site, namely uk_british_indian_ocean_territory.svg by Caleb Moore. Original artist: ? • File:Flag_of_the_British_Virgin_Islands.svg Source: https://upload.wikimedia.org/wikipedia/commons/4/42/Flag_of_the_British_ Virgin_Islands.svg License: CC0 Contributors: ? Original artist: ? • File:Flag_of_the_Cayman_Islands.svg Source: https://upload.wikimedia.org/wikipedia/commons/0/0f/Flag_of_the_Cayman_Islands. svg License: Public domain Contributors: sodipodi.com Original artist: Unknown
• File:Flag_of_the_Central_African_Republic.svg Source: https://upload.wikimedia.org/wikipedia/commons/6/6f/Flag_of_the_Central_ African_Republic.svg License: Public domain Contributors: Own work Original artist: User:Nightstallion • File:Flag_of_the_Comoros.svg Source: https://upload.wikimedia.org/wikipedia/commons/9/94/Flag_of_the_Comoros.svg License: Pub- lic domain Contributors: No machine-readable source provided. Own work assumed (based on copyright claims). Original artist: No machine-readable author provided. Nightstallion assumed (based on copyright claims). • File:Flag_of_the_Czech_Republic.svg Source: https://upload.wikimedia.org/wikipedia/commons/c/cb/Flag_of_the_Czech_Republic. svg License: Public domain Contributors: • -xfi-'s file • -xfi-'s code • Zirland’s codes of colors Original artist: (of code): SVG version by cs:-xfi-. • File:Flag_of_the_Democratic_Republic_of_the_Congo.svg Source: https://upload.wikimedia.org/wikipedia/commons/6/6f/Flag_of_ the_Democratic_Republic_of_the_Congo.svg License: Public domain Contributors: Own work Original artist: Nightstallion • File:Flag_of_the_Dominican_Republic.svg Source: https://upload.wikimedia.org/wikipedia/commons/9/9f/Flag_of_the_Dominican_ Republic.svg License: Public domain Contributors: Own work Original artist: User:Nightstallion • File:Flag_of_the_Marshall_Islands.svg Source: https://upload.wikimedia.org/wikipedia/commons/2/2e/Flag_of_the_Marshall_Islands. svg License: Public domain Contributors: No machine-readable source provided. Own work assumed (based on copyright claims). Original artist: No machine-readable author provided. SKopp assumed (based on copyright claims). • File:Flag_of_the_Netherlands.svg Source: https://upload.wikimedia.org/wikipedia/commons/2/20/Flag_of_the_Netherlands.svg Li- cense: Public domain Contributors: Own work Original artist: Zscout370 • File:Flag_of_the_People’{}s_Republic_of_China.svg Source: https://upload.wikimedia.org/wikipedia/commons/f/fa/Flag_of_the_People% 27s_Republic_of_China.svg License: Public domain Contributors: Own work, http://www.protocol.gov.hk/flags/eng/n_flag/design.html Original artist: Drawn by User:SKopp, redrawn by User:Denelson83 and User:Zscout370 • File:Flag_of_the_Philippines.svg Source: https://upload.wikimedia.org/wikipedia/commons/9/99/Flag_of_the_Philippines.svg License: Public domain Contributors: The design was taken from [1] and the colors were also taken from a Government website Original artist: User:Achim1999 • File:Flag_of_the_Republic_of_China.svg Source: https://upload.wikimedia.org/wikipedia/commons/7/72/Flag_of_the_Republic_of_ China.svg License: Public domain Contributors: [1] Original artist: User:SKopp • File:Flag_of_the_Republic_of_the_Congo.svg Source: https://upload.wikimedia.org/wikipedia/commons/9/92/Flag_of_the_Republic_ of_the_Congo.svg License: Public domain Contributors: ? Original artist: ? • File:Flag_of_the_Seychelles.svg Source: https://upload.wikimedia.org/wikipedia/commons/f/fc/Flag_of_Seychelles.svg License: Pub- lic domain Contributors: [1], for the RGB approximations [2] Original artist: User:Vxb83 • File:Flag_of_the_Solomon_Islands.svg Source: https://upload.wikimedia.org/wikipedia/commons/7/74/Flag_of_the_Solomon_Islands. svg License: Public domain Contributors: Drawn by User:SKopp Original artist: User:SKopp • File:Flag_of_the_United_Arab_Emirates.svg Source: https://upload.wikimedia.org/wikipedia/commons/c/cb/Flag_of_the_United_ Arab_Emirates.svg License: Public domain Contributors: ? Original artist: ? • File:Flag_of_the_United_Kingdom.svg Source: https://upload.wikimedia.org/wikipedia/en/a/ae/Flag_of_the_United_Kingdom.svg Li- cense: PD Contributors: ? Original artist: ? 11.2. IMAGES 185
• File:Flag_of_the_United_States.svg Source: https://upload.wikimedia.org/wikipedia/en/a/a4/Flag_of_the_United_States.svg License: PD Contributors: ? Original artist: ? • File:Flag_of_the_Vatican_City.svg Source: https://upload.wikimedia.org/wikipedia/commons/0/00/Flag_of_the_Vatican_City.svg Li- cense: CC0 Contributors: http://files.mojeeuro.meu.zoznam.sk/200000288-390ab3a04d/2_Commemorative_coin_Vatican_city_2010. jpg labelbasis Original artist: Unknown • File:Folder_Hexagonal_Icon.svg Source: https://upload.wikimedia.org/wikipedia/en/4/48/Folder_Hexagonal_Icon.svg License: Cc- by-sa-3.0 Contributors: ? Original artist: ? • File:Free-cultural-license-cc.svg Source: https://upload.wikimedia.org/wikipedia/commons/6/6d/Free-cultural-license-cc.svg License: CC BY 4.0 Contributors: https://upload.wikimedia.org/wikipedia/commons/d/df/State_of_the_Commons-en.svg Original artist: Cre- ative commons / 555 • File:Free_and_open-source_software_logo_(2009).svg Source: https://upload.wikimedia.org/wikipedia/commons/3/31/Free_and_open-source_ software_logo_%282009%29.svg License: Public domain Contributors: FOSS Logo.svg Original artist: Free Software Portal Logo.svg (FOSS Logo.svg): ViperSnake151 • File:Gradient-optical-illusion.svg Source: https://upload.wikimedia.org/wikipedia/commons/1/1e/Gradient-optical-illusion.svg License: CC-BY-SA-3.0 Contributors: Own work Original artist: Dodek • File:Grey_square_optical_illusion.PNG Source: https://upload.wikimedia.org/wikipedia/commons/6/60/Grey_square_optical_illusion. 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Adelson • File:Heiratsbrief_Gottfried_Werner_von_Zimmern_Apollonia_von_Henneberg_1521_img02.jpg Source: https://upload.wikimedia. org/wikipedia/commons/d/dc/Heiratsbrief_Gottfried_Werner_von_Zimmern_Apollonia_von_Henneberg_1521_img02.jpg License: Pub- lic domain Contributors: Mäzene, Sammler, Chronisten. Die Grafen von Zimmern und die Kultur des schwäbischen Adels. Ausstellungskata- log, 2012, ISBN 978-3-7630-2625-8 Original artist: Unknown • File:HumanRightsLogo.svg Source: https://upload.wikimedia.org/wikipedia/commons/d/d3/HumanRightsLogo.svg License: Copy- righted free use Contributors: http://humanrightslogo.net/ Original artist: Predrag Stakić, released by http://humanrightslogo.net/ • File:Hungary_pecs_-_vasarely0.jpg Source: https://upload.wikimedia.org/wikipedia/commons/1/14/Hungary_pecs_-_vasarely0.jpg License: CC-BY-SA-3.0 Contributors: ? Original artist: ? • File:Hybrid_image_decomposition.jpg Source: https://upload.wikimedia.org/wikipedia/commons/9/9c/Hybrid_image_decomposition. jpg License: Public domain Contributors: • Albert_Einstein_citizenship_NYWTS.jpg Original artist: Albert_Einstein_citizenship_NYWTS.jpg: New York World-Telegram and the Sun staff photographer: Al Aumuller • File:Illusion_movie.ogg Source: https://upload.wikimedia.org/wikipedia/en/2/28/Illusion_movie.ogg License: PD Contributors: ? Orig- inal artist: ? • File:Insurance_Contact_2.jpg Source: https://upload.wikimedia.org/wikipedia/commons/e/e5/Insurance_Contact_2.jpg License: Pub- lic domain Contributors: http://memory.loc.gov/master/mss/mtj/mtj1/005/0800/0887.jpg Original artist: Thomas Boylston • File:Insurance_contract.jpg Source: https://upload.wikimedia.org/wikipedia/commons/d/d8/Insurance_contract.jpg License: Public domain Contributors: http://memory.loc.gov/master/mss/mtj/mtj1/020/0700/0789.jpg Original artist: Charles Simms • File:Johnny-automatic-scales-of-justice.svg Source: https://upload.wikimedia.org/wikipedia/commons/9/9a/Johnny-automatic-scales-of-justice. svg License: CC0 Contributors: https://openclipart.org/detail/26849/scales-of-justice Original artist: johnny_automatic • File:Joseph_Ferdinand_Keppler_-_The_Pirate_Publisher_-_Puck_Magazine_-_Restoration_by_Adam_Cuerden.jpg Source: https: //upload.wikimedia.org/wikipedia/commons/7/72/Joseph_Ferdinand_Keppler_-_The_Pirate_Publisher_-_Puck_Magazine_-_Restoration_ by_Adam_Cuerden.jpg License: Public domain Contributors: http://www.loc.gov/pictures/item/2011661385/ by way of http://adamcuerden. deviantart.com/gallery/#/d5onmxh Original artist: • Restoration: Adam Cuerden • File:Kanizsa_triangle.svg Source: https://upload.wikimedia.org/wikipedia/commons/5/55/Kanizsa_triangle.svg License: CC-BY-SA- 3.0 Contributors: Own work Original artist: Fibonacci • File:Lennuliiklust_uurimas.jpg Source: https://upload.wikimedia.org/wikipedia/commons/c/cb/Lennuliiklust_uurimas.jpg License: CC BY-SA 4.0 Contributors: Own work Original artist: Martin Mark • File:Lilac-Chaser.gif Source: https://upload.wikimedia.org/wikipedia/commons/6/6e/Lilac-Chaser.gif License: CC-BY-SA-3.0 Con- tributors: Transferred from en.wikipedia to Commons. Original artist: TotoBaggins at English Wikipedia Later versions were uploaded by Howcheng at en.wikipedia. 186 CHAPTER 11. TEXT AND IMAGE SOURCES, CONTRIBUTORS, AND LICENSES
• File:Lock-green.svg Source: https://upload.wikimedia.org/wikipedia/commons/6/65/Lock-green.svg License: CC0 Contributors: en: File:Free-to-read_lock_75.svg Original artist: User:Trappist the monk • File:Logo_PDD_2016.svg Source: https://upload.wikimedia.org/wikipedia/commons/8/81/Logo_PDD_2016.svg License: CC BY-SA 3.0 Contributors: Own work; based on File:Logodziendomenypublicznej.svg by Cienkamila (talk · contribs) Original artist: Cienkamila (talk · contribs); slightly edited by odder (talk · contribs) • File:Mach_bands_-_animation.gif Source: https://upload.wikimedia.org/wikipedia/commons/e/e8/Mach_bands_-_animation.gif Li- cense: CC BY-SA 3.0 Contributors: Own work Original artist: DancingPhilosopher • File:Map_of_the_Legal_systems_of_the_world_(en).png Source: https://upload.wikimedia.org/wikipedia/commons/9/92/Map_of_ the_Legal_systems_of_the_world_%28en%29.png License: CC BY-SA 2.5 Contributors: World map by Canuckguy and others Original artist: Maximilian Dörrbecker (Chumwa) • File:Marcel_Duchamp_Mona_Lisa_LHOOQ.jpg Source: https://upload.wikimedia.org/wikipedia/en/6/6e/Marcel_Duchamp_Mona_ Lisa_LHOOQ.jpg License: PD-US Contributors: ? Original artist: ? • File:Mass_photo_gathering_uk.jpg Source: https://upload.wikimedia.org/wikipedia/commons/4/43/Mass_photo_gathering_uk.jpg Li- cense: CC BY-SA 2.0 Contributors: mass photo gathering Original artist: Petras Gagilas from Erith, Kent, UK • File:Mass_photo_gathering_uk_2.jpg Source: https://upload.wikimedia.org/wikipedia/commons/4/4a/Mass_photo_gathering_uk_2. jpg License: CC BY-SA 2.0 Contributors: Flickr Original artist: Petras Gagilas from Erith, Kent, UK • File:Mayer_and_Bettle_2_-_Creative_Commons.ogv Source: https://upload.wikimedia.org/wikipedia/commons/c/c9/Mayer_and_Bettle_ 2_-_Creative_Commons.ogv License: CC BY 2.0 Contributors: http://creativecommons.org/videos/mayer-and-bettle2 Original artist: Written by Dash Kruck and Elliott Bledsoe. Audio by Chris Perren. 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