Re: Copyright/abandonment [was Re: xywrite manual]

[Leslie Bialler lb136@xxxxxxxx]

Carl says:

"Actually, it is legally possible to abandon a copyright before it
expires, but it's tough to prove. The burden of proof is on the
party asserting abandonment (typically as a defense to an
infringement claim). You have to show that the copyright holder
_intended_ to abandon his rights, and that usually requires strong
circumstantial evidence."

Thanks Carl. I take it this is far more complicated than, say, trademark
protection, where all (?) a trademark holder has to do is mention from
time to time that the trademark exists: I.e., "Xerox is a registered
trademark of the Xerox Corporation" as boilerplate in their ads.

Also, regarding this whole business of "fair use": it sounds as if it's
far easier to determine what _isn't_ fair use than what is. That about
right?

Thanks.

--
Leslie Bialler, Columbia University Press
lb136@xxxxxxxx
61 W. 62 St, NYC 10023
212-459-0600 X7109 (phone) 212-459-3677 (fax)