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Subject:
From:
Elizabeth Brooks <[log in to unmask]>
Reply To:
Lactation Information and Discussion <[log in to unmask]>
Date:
Sat, 7 Nov 2009 13:32:22 -0500
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(1)  The minute you generate a PowerPoint (a memo, a letter a grocery list
....) it enjoys immediate copyright protection.  As the copyright owner, YOU
decide how and if the material will be reproduced, distributed, performed,
displayed or licensed.   You can freely offer your materials as Christine
does ("yes, please, go and educate others with my blessing") ... you can do
it in bits and pieces like Karleen ("you can use my words but not my
pictures") ... you can smile and do a little marketing like I do ("I am so
glad you found my presentation helpful.  Here is my business card.  Please
encourage your organization to contact me about doing an in-service at your
facility.")

(2)  You do NOT have to add that copyright symbol on your materials to
*have* the copyright protection -- but Like Susan, I do put it on each and
every piece of paper or PowerPoint that I create.  It "classes up the
document," to my eye, and rather puts people on notice that I am well aware
of my copyright ownership, which lets ME decide who gets my stuff, and under
what circumstances.  Some coutnries will require you to *register* your
copyrighted item if you find that you have to go to court to enforce your
rights ("Hey!  She took my PowerPoint, made it into a book, and is now a
millionaire from the sales she made.  I never agreed to that!")  -- but you
had then and always will have the copyright.

(3)  The "fair use" exceptions to the copyright privileges you own (to
decide who gets to reproduce, distribute, perform, display or license your
work) allows for VERY minimal re-use of your stuff.  There are a number of
variables that are considered, along a spectrum -- but I will cut to the
chase and tell you can wholesale copying of materials for redistribution (to
students, to department staffers, to conference attendees) is NOT a "fair
use" EVEN IF no money is charged.

(4)  Like Rodney Dangerfield, as a rule, copyrights don't get no respecct.
It is not just people in the health care fiedl who flout them -- we just see
those folksmore often.

(5)  I will offer a different interpretation on the perennial issues of
interpretation of the WHO Code -- and about which a Lactnet Archives search
will reap a bounty of posts.

I absolutely agree that a company that does not fulfill its obligations
under the Code is thus "tainted" as a violator everywhere.  The ability to
bring any sort of *enforcement action* against that entity will vary from
country to country.  The question of whether a parent company's
Code-violative actions will flow through to its subsidiary companies  ... my
reading of the WHO Code is that it does NOT require an analysis of corporate
ownership, but only an analysis of the marketing practices of the four
product-types covered by the Code.
Liz Brooks JD IBCLC
Wyndmoor, PA, USA

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