Subject:
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Re: Contributer Agreement Version 3
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Newsgroups:
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lugnet.cad.dev.org.ldraw
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Date:
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Fri, 23 Jul 2004 19:56:58 GMT
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Viewed:
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1027 times
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In lugnet.cad.dev.org.ldraw, Alfred Speredelozzi wrote:
> In lugnet.cad.dev.org.ldraw, Wayne Gramlich wrote:
> > In lugnet.cad.dev.org.ldraw, Alfred Speredelozzi wrote:
> > > In lugnet.cad.dev.org.ldraw, Wayne Gramlich wrote:
> >
> > [snip]
> >
> > > > Indeed, I'll go one step further, the CA is totally unenforcable.
> > > > Unless, LDraw.Org requires that the part copyrights be
> > > > transferred to LDraw.Org, it is completely illegal for LDraw.Org
> > > > to change the license to the parts without getting permission
> > > > from each part owner. Only the copyright holder can change
> > > > the license.
> > >
> > > Two things here are wrong:
> > >
> > > 1) copyrights can be transferred.
> > > they can be assigned or liscenced, but the original copyright holder is always
> > > the copyright holder.
> >
> > Your statement is false. In the United States, copyrights are a form of
> > intellectual property that can be bought and sold like any other
> > form of property. In the United States, once the copyright has been
> > transferred, the original author has no rights to the work unless they
> > new owner grants them rights via a license. In Europe, they have the
> > concept of authorship rights that they believe the author retains
> > irrespective of who owns the copyright.
>
>
> No, actually, you are completly wrong. You cannot buy a "copyright." This is
> something that is created when a piece of intellectual property is created. The
> only exception to this is a work for hire, which you could think of as buying a
> copyright in that you are paying an author, but you retain the copyright.
>
> They also cannot be sold like any other form of property. Courts have
> consistenly held that intellectual proprty rights are not REAL property and so
> do not have the same kind of things happen to them. For instance, you cannot
> tresspass on a copyright, which is something you can do to REAL property.
[snip]
According to the following document published by the US Copyright Office:
<http://www.copyright.gov/circs/circ1.html#toc>
The relevant parts are:
Any or all of the copyright owner's exclusive rights or any subdivision
of those rights may be transferred, but the transfer of exclusive rights
is not valid unless that transfer is in writing and signed by the owner
of the rights conveyed or such owner's duly authorized agent. Transfer
of a right on a nonexclusive basis does not require a written agreement.
A copyright may also be conveyed by operation of law and may be
bequeathed by will or pass as personal property by the applicable
laws of intestate succession.
Copyright is a personal property right, and it is subject to the various
state laws and regulations that govern the ownership, inheritance, or
transfer of personal property as well as terms of contracts or conduct
of business. For information about relevant state laws, consult an attorney.
Transfers of copyright are normally made by contract. ....
-Wayne
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Message has 1 Reply:
 | | Re: Contributer Agreement Version 3
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| (...) I'm terrible at reading legalese, but I do know that the Disney company has the copyright to all the characters created by Mr. Disney, even though he has been dead for a very long time. This suggests that yes, copyrights in the US and in other (...) (20 years ago, 28-Jul-04, to lugnet.cad.dev.org.ldraw)
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Message is in Reply To:
| | Re: Contributer Agreement Version 3
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| (...) No, actually, you are completly wrong. You cannot buy a "copyright." This is something that is created when a piece of intellectual property is created. The only exception to this is a work for hire, which you could think of as buying a (...) (20 years ago, 23-Jul-04, to lugnet.cad.dev.org.ldraw)
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