Recently there has been a lot of noise about Ray Camden's BlogCFC being re-branded and redistributed without attribution (really the only thing he actually asks for in his documentation). This has been an issue I've been wrestling with on a couple of projects here at the College as we continue to move toward digitizing different collections.

The first issue to deal with is the idea of copyright. There are specific criteria a work must show to qualify for copyright status (taken from http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter0/0-a.html#1).

1. The work must be "fixed in a tangible medium of expression"
2. The work must be original (e.g. independently created by the author). On this point, "it doesn't matter if an author's creation is similar to existing works, or even if it is arguably lacking in quality, ingenuity or aesthetic merit"
3. The work must be the result of at least some creative effort on the part of its author.

An additional point to make is the fact that since 1989, a copyright notice has not been necessary to hold the copyright of pretty much anything you create (called the Berne copyright convention). While you hold copyright as soon as the work is created, you must register the copyright in order to bring suite (http://www.fplc.edu/tfield/copynet.htm#aut). In registering copyright for most websites and software, you would actually apply "literary works" as they are compilations of ideas (see http://www.copyright.gov/circs/circ1.html#wwp).

I really like Brad Templeton's explanation in 10 Big Myths about copyright explained (though there are 11) summarizes copyright issues, it's definitely worth the read. Templeton also points out that the Digital Millennium Rights Act (DMRA) gave some real teeth to copyright law.

Stanford University Libraries has a great guide to Copyright and Faire Use with a lot of great resources, including a very interesting point about automatic copyright. Once someone has copied your work, your copyright is no longer automatic. It's then up to you to convince a Federal Judge that you are the copyright owner.

While the offending party has removed his bundle of software, I think it important to remember what copyrighted material is, and how not to use it when given a reasonably open license to do what you want with the software. So, if you want to show Ray (Camden) some love, check out his Amazon Wish List.