Licensing?

[FastbackJon]

What is the name of your state (only U.S. law)? WASHINGTON

I'm wondering what licensing/copyright/trademark issues are involved if one wanted to reproduce a set of computer instructions printed on the old 80-column punch cards from +40 years ago.

These punch cards were never available to the public for sale but now there may be a very small market to reproduce them. The issue is that they would have the original company's name on there that used them (no trademark or copyright signs on the original cards though).

Do copyrights or trademarks apply here and if so how long do they last and what licensing issues may there be?

Thanks

 

[FlyingRon]

If it was never published copyright is still in force. If it was not marked and not registered in that timeframe and was published it might be in the public domain.

 

[FastbackJon]

I'm not sure that the originals were ever published. They were destroyed and do not exist now. Extremely poor quality microfiche printouts of the originals on regular 8.5x11 paper are all that is available for purchase from the manufacturer now which is why there may be a small market for reproductions of the actual cards.

 

[FlyingRon]

Just what are we talking about?

I suspect you have had what at the time was an unpublished work and it is protected by current copyright.

 

[FastbackJon]

Just an old 80-column computer programming card. The originals looked something like this:

http://www.staff.ncl.ac.uk/roger.broughton/museum/iomedia/images/pc1.jpg

There was a different printed layout for the 80 columns on the actual card I'm talking about, but the size, paper weight, paper color, angle cut on the corner were all industry standards.

The originals do not exist anymore so all you can get from the company that used them now (for purchase) are poor microfiche copies that can barely be made out as to what is printed, but it does have the companies name on it (no TM or R though), so...?

 

[FlyingRon]

Geez... can you please explain what the hell you're talking about.

I started in the computer industry in the punch card era. I know what one is.

Are you talking about indeed a specific program, or do you just want to make renditions of random cards? What is the nature of the PROGRAM (not the cards).

The trademark (T or R) has NOTHING whatsoever to do with the copyright. Further the lack of the T or R mark probably has little to do with the enforceability of the trademark either in this case.

 

[FastbackJon]

It would be renditions of random cards with a clear indication that they are reproductions, i.e. "REPRODUCTION" printed directly on the back in easy to read font.

One guy told me that since there is a company name on the card, that it needs to be licensed, but I have also read elsewhere that so long as what is being produced is clearly marked as a reproduction and not passed off as something that the company created, then I'm fine, so I thought I would ask here.

 

[FlyingRon]

There's nothing propietary about the design of the card. I'd just photoshop (or whatever) out the company name and you'll be golden.