What is public domain?
PD is when the object in question is readily available to the public and
can be used by anyone at any time. For instance, the Eiffel tower, or
any public building or land, is public domain.
Even your car on the road is public domain.
Anyone can take a photo of the Eiffel tower, that's true. But, in
general, taking the photo produces a new work, which is subject to
copyright, because the particular way in which the photo is framed, etc,
is considered to be creative work. The appearance of the Eiffel tower is
not subject to copyright; but a work, like a photo, that is based on the
Eiffel tower could well be.
Yet, you own the copyright to your photo of the Eiffell tower. Because
you created it. You can make copies and sell it. Can I do the same with
YOUR photo? Yes I can. Unless, you do something to the photo that makes
it exclusively yours.
I'm confused. You say I own to copyright to the photo I took of the
Eiffel tower, but then you say that you can make copies of my photo. But
the two are mutually exclusive. If I have copyright, I have exclusive
control over reproductions of the photo; if any random person can make
copies without my permission, then I don't have copyright.
You know that certain company out there that has all those 3d smiley
faces available right? They claim a copyright. Sorry. But you can't
claim a copyright on them. That's known as a derivative of other's work.
That's not quite right. If you create a derivative work, you do have
copyright in that derivative work; however, you generally can't do
anything with that work without the permission of the person who has
copyright in the original.
Question is, is HTML in itself copyrightable? Maybe not. As I see it as
a list. Lists are not copyrightable.
Well, I think this would be for a court to decide; I don't know if any
court has actually ruled on this. However, just saying that something is
"a list" doesn't really tell you if it's copyrightable or not - a novel
is a list of words, but it's still copyrightable. A computer program is a
list of instructions, but it's copyrightable too. The question is, is a
list of HTML elements a work of creative expression, in the way a list of
words in a novel is?
And that is what HTML is. A derivative of the creator's original work.
Which creator? If I open up a blank document in notepad and start typing
in HTML, whose work am I deriving my web page from?