Text 31875, 54 rader
Skriven 2006-06-14 21:23:50 av Janis Kracht (1:261/38)
     Kommentar till en text av Ward Dossche
Ärende: Re: CopyRight Ownership Arguement
=========================================
Hello Ward,

Of course he maintains complete rights to the article, just as I have said over
and over and over again.  You too, have a complete misunderstanding of what is
involved here.

He does NOT however have any rights to FIDONEWS.  He cannot RESTRICT the
distribution of it nor limit it's distribution.  Once he submitted his article
to fidonews, he can submit it anywhere else he likes.. that's one of is rights.
No one can change, or alter his article - that's another one of his rights.

Having written an article for that magazine you mentioned, can you then
threaten to sue a newstand vendor in NYC for selling a copy of that magazine?
NO, you cannot.  You can sell your article anywhere else you choose to, but you
cannot restrict the distribution of the publication since YOU have no rights to
the magazine, only to YOUR work as it exists separate from the magazine.

Take care,
Janis

>> I think that says it all.

>Shannon could hardly be further away from reality than he believes for real an
> I'm amazed at what sort of worthless advice he allegedly paid good money for.

> I generate part of my income writing for some magazines and I asked the exact
> same questions to the legal department of Kluwer, which is about the largest
>scientific publisher around here headquartered in the Netherlands as well, the
> are after all also my publisher and they owed me some service.

> Dutch law explicitly states, and I quote nearly verbatim, that: "Intellectual
>ownership a.k.a. "copyright" of a written piece for a magazine, even if it is
> contracted piece, can never be signed away, sold or transfered in any way
>possible. The author retains intellectual ownership a.k.a. "copyright" for lif
> and after his/her death it becomes part of his/her estate. Commercial rights
> (also distribution rights) can be signed away if there is a pre-arranged,
> written and explicit document signed by the author."

> So if Shannon paid good money for something which says completely different,
> then he got suckered out of some money which he worked hard for. My guess is
> his legal advisors merely gambled it would never get anywhere and they just
> took their chances.

>> Imagine the annoyance if Shannon had to pay for this service -again-.

> It takes 2 to tango, it takes at least 2 to argue ... so if everybody just
> shuts up over this it will be gone in less than a week.

> Take care,

> \%/@rd

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