Highlights from the BCCE
(Alternate title: I may not be a copyright expert, but I play one online) By Doug Storm, Senior ACS Account Manager and LiveWire Editor-at-Large
The category is Copyright Law. For $200.00, the answer is, “It depends.”
[Jeopardy theme music plays in the background.]
Time's up! What’s your response? The correct question is, “What do copyright lawyers say
when asked whether something is allowable for use.”
Hi, I'm your guest host for this month's Copyright Corner. You should know that my
professional experience in this subject is limited to occasional reading of license amendments that
customers of ACS Publications request for their Web access, but I pass such requests right along to
Eric Slater (copyright manager for the ACS Publications Division). On a personal level, however, I
read books, then share them with friends; I use iTunes, then make the allowed seven copies of
purchased materials; and I take advantage of interlibrary loans from my local branch
library—probably about the same as most people.
So rather than try to impersonate an expert, I will simply relate the highlights from
Eric's Copyright 101 presentation
at the Biennial Conference on Chemical Education (BCCE)
held at Purdue University earlier this month.
The Copyright Act of 1976 and several related acts are recorded in Title 17
of the U.S. Code (a 290-page PDF file).
Section 102 of Title 17 addresses “Subject matter
of copyright”. Eric emphasizes that the phrase “original works … now known or later developed”
ensures the applicability of the law to future technologies (so that a new law will not need to be written).
More interesting to me is the phrase “original works of authorship fixed in any tangible medium of expression”.
Eric quips that our brains do not count as “tangible mediums of expression”, no matter how much we insist they are;
ideas cannot be copyrighted. However, ideas may be
patented.
Eric tells the story of an ACS journal editorial that included the lyrics to Kermit the Frog’s signature song,
“It’s Not Easy Being Green.” When asked whether this usage was allowable, Eric replied—you guessed
it—“It depends.” Because another maxim of copyright lawyers is “Better safe than sorry”, Eric
found the copyright holder (not the Jim Henson Company by the way) and paid the $25 permission fee.
Copyright questions? Send them to Doug Storm at d_storm@acs.org or Eric Slater at
e_slater@acs.org. Eric promises not to answer them Jeopardy-style! I can't be trusted.
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