Not exactly. Any *original* work is copyrighted when it is recorded in a
fixed medium. Write an original poem on a napkin and it's copyrighted.
(All of these comments relate to law in the U.S. and other Berne Convention
signatories, but there are differences that I may not know about -- this
isn't legal advice!)
It's important to bear in mind that there are copyright infringement tests
that are where it really matters. The primary test of infringement is the
effect of the copy on the commercial value of the original. Thus, it's
difficult to collect any damages when someone copies something that's
basically free.
However, there are often other legal issues, particulary unfair trade
practice, when you copy such materials, depending on how you use them.
Bear in mind also that the subtleties of intermediary copies of works, such
as one might find on a proxy server, are not new to copyright law. At the
extreme, the case law regarding reverse engineering permits certain
intermediary copies, for example.
Also note that even when you allow people to have copies for free, as on
the Web and especially Usenet (which propogates via copying!), you are
absolutely not giving up copyright. However, you *may* be giving up some
rights to control the usage of the copies. Shareware-style disclaimers are
probably enforceable, however.
Copyright is sticky stuff and there are a lot of fuzzy issues about
electronic media. I'd highly recommend any of Pam Samuelson's writings on
this subject. Whether you agree with her or not, she points out the issues
nicely.
Finally, I'd like to say "hats off!" to Brewster and his allies for the
archiving project. I think it's a very worthwhile effort and would happily
argue that the benefits far outweigh any possible copyright infringements.
Nick
P.S. I'm not a lawyer, but I was editor and publisher of "The Multimedia
Producer's Legal Survival Guide."