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Re: [Amps] Heathkit Copyright

To: "Charles Harpole" <>, <>, <>
Subject: Re: [Amps] Heathkit Copyright
From: "Carl" <>
Date: Wed, 19 May 2010 09:14:55 -0400
List-post: <">>
> USA copyright law is somewhat different from other nations' and from the 
> international version.  But: basically:
> -copyright is good for the author's life plus 75 years
> -heirs can give rights or deny rights to republish during 75 yrs, but 
> after that, the work can not be "willed" to anyone else.
> -"fair use" of portions of a copyrighted work allows brief quotations 
> without permission (usually for reviews or to cite a point);  but "brief" 
> sometimes must be defined by courts in disputes.
> -copyrighted work can be used in educational settings if the copying is 
> incidental and done without extensive pre-planning.... that is, if a 
> teacher suddenly (during or immediately before a class) wants his students 
> to see a work, it can be copied, but not sold.
> -individuals get by with making any copies for their own personal use, but 
> copy stores, like Kinko  will not copy unless presented with a release 
> from the copyright holder regardless of the intended sole personal use (to 
> protect themeselves) but usually will ignore some customer copying using 
> the customer's own hands.  Some works have joined the paper version of BMI 
> where a small fee can be transferred to the holder by a copy store when 
> copying is done.
> -copyright only exists when it is enforced.  One test involves judging if 
> the copying has materially harmed the owner or the owner's market for the 
> work.  No measurable harm, no foul, it goes.
> -copyright is lost if the owner freely gives his work away to the public 
> without attaching a notice of copyright (c in a circle etc.).
> There are many items that can not be copyrighted, like the schematic 
> symbol for a resistor or even a diagram of a power supply if that circuit 
> is in wide public use.  "Kleenix" was denied copyright with the argument 
> that the word had entered the language to such a thorough extent as to no 
> longer just refer to one branded product.  A specific singing of a song 
> can be copyrighted but if another person sings it, copyright is in a grey 
> area.  The fun really begins when copying is made off the Internet--is the 
> stuff freely given or what?
> Some countries, like China, do not obey copyright laws.
> 73,

So, what do the armchair lawyers say about Heathkit allowing free copy and 
distribution for profit since they got out of the ham business?

I would expect an easy court battle if a ham lawyer did a pro bono case on 
behalf of all the affected sellers and web sites against the current owner. 
Maybe a couple of lawyers sharing time and costs and wearing the current 
owner down in his own legal fees.

 Hosting the library in China would be interesting (-;


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