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Subject: Re: "copyright but not control"
From: Peter Galbavy <peter . galbavy @ knowledge . com>
Date: Wed, 25 Apr 2001 15:01:39 +0100
To: Tom Neff <tneff @ panix . com>
Cc: List-Managers @ GreatCircle . COM
In-reply-to: <345059421.988187537@[192.168.1.100]>; from tneff@panix.com on Wed, Apr 25, 2001 at 08:32:17AM -0400
References: <200104250800.BAA27601@honor.greatcircle.com> <345059421.988187537@[192.168.1.100]>
User-agent: Mutt/1.2.5i

On Wed, Apr 25, 2001 at 08:32:17AM -0400, Tom Neff wrote:
> Copyright without control is a meaningless concept.  If you are not allowed 
> to grant and withhold permission to distribute a work, then you do not have 
> effective copyright for it.  One might argue that this is true for Internet 
> postings in general, but no more so than for a poem on a milk carton.

Agreed.

> Listowners and digesters commonly assert "compilation copyright" over their 
> particular sequences and assemblies of others' writing, even where the 
> latter is in the public domain.  But they are in no position to assert, 
> waive or otherwise mess with the INDIVIDUAL copyright each member holds in 
> her or his postings.  A listowner may say "you own your words," but this is 
> purely informational, like saying "the sun came up today," and not a 
> revocable statement of policy.  The listowner might as well say "Danny 
> DeVito owns your words" and it would have the same force and effect, i.e. 
> none.

I would counter this by saying that if the membership conditions of a
list included a clause in which the subscriber agreed to assign
copyright in all postings to the list, then this *is* valid, and would
mean that the poster gives copyright over to whoever is specified.

Assignment of copyright may invlove a written agreement in some
jurisdictions.

rgds,
-- 
Peter Galbavy
Knowledge Matters Ltd
http://www.knowledge.com/



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