On Thu, 24 Apr 1997 14:03:36 +0100 (BST) Mr CA Sanders wrote:
>
> Phil Bradley wrote:
>
> > You cannot claim copyright over the use of <H1>....</H1>
though of
> > course you can copyright the text between the tags. They are
in the
> > public domain, though if you know differently, I'd be
grateful for a
> > citation!
>
> Your probably right there. You can't claim copyright over an
<H1> tag,
> likewise you can't copyright a print statement or a loop
construct in a
> programming langauge. However, programs as a whole are
copyright, and
> in some respects HTML markup is like a programming langauge and
I see
> no reason why a block of HTML taken as a whole cannot be
copyright.
That's what I would have thought.
English is a natural language (NL) which consists of Words,
Grammar, punctation, etc. It is clearly in the public domain
(with exceptions such as trade marks). However a work written in
the language is subject to copyright.
I am assuming that HTML is actually or potentially in a similar
position. HTML is a language consisting of defined set of
"words" and grammatical rules which are in the public domain. I
would expect that a "work" written in the artificial language
HTML is just as protectable as a work written in a natural
language.
In considering what is being protected at what stage once an HTML
file has arrived on a desktop machine, I find it helpful to
consider an analogy with music publishing.
Musical notation is a language which is in the public domain.
However a piece of sheet music in which a composition is
represented in this artificial language is subject to copyright.
The performance of the music, i.e. rendering the notation into
sound is subject to performing rights. Making a recording of a
performance is again subject to control.
The file containing HTML and NL corresponds to the sheet music,
and the browser acts as the performer to render the notation into
a visual form. There can then be restrictions on what can be
done with the visual form (not to be reproduced except for
private use, etc).
This is not an exact analogy, but I find it a useful starting
point.
Peter.
==============================================================
Peter W Duncanson E-mail: [log in to unmask]
Principal Analyst Fax: +44 (0) 1232 230592
Computing Services Phone: +44 (0) 1232 273410
The Queen's University Of Belfast or: +44 (0) 1232 335375
==============================================================
%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
|