Because we deal with many comments about what the Watchtower Society publishes,
and what various book authors say that may support a point we are making, it may be good to consider some points about copyright. Some things we can do, and some things may get us into trouble:
There are three elements that demonstrate copyright: 1. The symbol of a '©' with a circle around it or using the abbreviation 'Copr.', or the full word "Copyright", 2. the name of the owner, and, 3. the year it was published. Also, for extra protection most publishers register their work with the Copyright office of their respective country - but it is NOT a requirement that they do so in the United States. You can get applications for Copyright from: The Register of Copyrights, Library of Congress, Washington D.C. 20559. There is also a small registration fee. (It used to be $10, but knowing our loving Government and its love for money ... well it could be more today than yesterday.)
Can we copyright a posting, like this one on JWD? ... Can we attempt to copyright a post by placing the proper notice of copyright on a post? Personally, I think it is silly to do that, for it is openly published in a forum that invites public comment for the entire world to read ... similar to writing a letter to a million friends. Nevertheless, if I see a claim of copyright on posted material or on an Internet web site ... I tend to be careful, to seek permission to copy, and respect the claim.
What is the "Duration" of a copyright? Anything published in the United States of America under copyright after January 1, 1978 the author is considered to hold the copyright for the life of the author plus 50 years. Since the 'author' of the Watchtower publications is considered a work for "hire,” then the copyright lasts for 75 years from publication or 100 years from creation, whichever expires first. Normally the 75-year rule applies, because authors usually do not hold works for long periods prior to publication.
Works published prior to 1978
, the duration of a copyright was 28 years, and could be renewed for an additional 28 years for a total of 56 years. Since the Revised Copyright Act of 1976, there have been various formulae to deal with the copyrights of works prior to January 1978. However, prior to the 1976 Act, Congress made various extensions of the older copyright protections and created some confusion better suited for an attorney to deal with. [Note: This is why the Dawn Bible Students can get by with publishing Watchtower reprints prior to 1916, or the Studies in the Scripture, because their corporate copyright expired long ago.]
According to the older copyright laws prior to 1976, publications, such as Watchtower books and magazines, from the 1950s onward, that have had their copyright extension for an additional 28 years, (bringing them to their 56 year copyright limit), would still be under copyright as of 2003. But it all depends ... an attorney experienced in Patent and Copyright law is the best source to discuss to determine what your legal rights and remedies are with respect to your own works or that of others.
Can I escape the law if I cross international boundaries to copy works? The United States is a signature to the Berne Treaty, I would not attempt to move copyright works to another country, or host or domain outside the United States ... because the copyright laws do not change to suit site location across international boundaries. Eventually an aggrieved author, like the Watchtower Society will catch up with you.
Is money a factor? Some may have the impression that if they are not selling or making a profit from the works of another that this may absolve them of any concern with the original author. Not true. Patents and Copyrights are protected property rights and require permission or license to use them. Making money or profit bares no relevance to whether one has violated the rights of an author or inventor.
Patents offer more protects than copyrights ... so when possible, an attorney will advise his client to Patent rather than copyright ... however, written material of iteself, such as religious propaganda, or fictional novels, normally do not qualify for a Patent and so much be copyrighted ... however, if I write a business plan book, documenting say restaurant recipes, and operational procedures, I may be able to patent these, because the media of documentation is not the object, but rather the actual process which are the focus of the need for property protection, an so a copyright may not be good enough ...
Finally, I cannot emphasize enough the importance of retaining an attorney for advice on matters of law, rights and remedies, and how to legally conduct business with respect to use of copyright. - Jim W. ©August 2003, by Jim Whitney, all rights reserved.