Just my $0.02.
-- MIKE!!
It would probably make things a whole lot easier if you were
right, but unfortunately you're 100% wrong. The general
thought, certainly prevalent among the online services, is that
each poster retains copyright of his or her post, and the
services retain copyright of the compilation.
Whether this has actually been upheld by a court, I'm unsure.
I'll do a Lexis search and check it out when I can.
--
David Strauss / ds...@virginia.edu (PsiCop, P12+)
Administrator, New York Islanders Mailing List
"Anatomically impossible, Mr. Garibaldi, but you're welcome to try."
First off, if you ain't a lawyer, your opinion is just an opinion.
(NB:ThatisanopinionandIamnotalawyer.)
Second, I refer you to rtfm.mit.edu by ftp in the pub/usenet/misc.legal
directory for a copy of the copyright FAQ. Or try searching the EFF archive.
My understanding is that:
1) You do retain copyright on anything posted
2) By posting, you've just lobotomized your right of reproduction.
I'm very uncertain on the state of a compilation, though; it hasn't
been one of my concerns. See the FAQ.
AB^2
--
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"You can have my encryption algorithm... when you pry my cold dead fingers
from its private key." -John Barlow, "Decrypting the Puzzle Palace"
That may not be true. If there are any lawyers on the net, could you please
look this up. But this came up in another group a while back and someone said
that anything posted was automatically the property of the poster, which means,
that you can sue me for quoting you above. :) Nah, probably not. But I don't
think there would be a problem with people posting ideas as long as they know
that they're not going to get paid if the ideas are used. Although a credit on
the show would be tre cool.
I think the copyright thing that we were discussing on the other group had to
do with people posting things that they intended to do. If someone saw the
idea and used it, the original poster could possibly prove that the idea was
his by the date of the post. All it would take is a log in from the courtroom
with a news server that doesn't delete back too far and show the judge the
original post.
I'm not a lawyer, I'm an artist. So I may be way off bass here, but I think we
should look into the legality of this before we do anything.
->Later.....Spice ____ _____ _____ _____ __ __
SUDDEN | \| _ |/ _ \|_ _| | | |
0 0 @ * | |\ |_ | | |_| |
< ^ | | | _| |_| _ |
---- ~~~~ | |/ |_ _ | | |
before after |___/|____|__| |__| |_| |__| |__|
> The main problem with suggesting ideas is that if the show
> uses them it has to be careful not to be sued for plagerism but
> anyone out there who says that that was his idea . . .
The following was recently posted in alt.tv.babylon-5 by the show's
creator/main writer, Joe Straczynski, who has said point-blank that if story
ideas started being posted, he'd have to leave. After a month plus of debate,
the result was the conclusion the only safe thing was just no story ideas,
period.
--------
From: strac...@genie.geis.com
Newsgroups: alt.tv.babylon-5
Subject: Re: Ban on creative works? Huh
Date: 13 Feb 1994 21:22:37 -0500
Organization: VT News/Mail Gateway
Let me put this another way, to see if this may have more influence
on your thoughts.
BABYLON 5 is owned by PTEN. The names, the characters, *and the
situations* are all part of what is owned through copyright, trademark
and other legal means. It can then choose to whom to license the right,
for a fee, to produce material within that universe...novels, comics,
whatever. That sub-entity then has the legal right to publish works that
use the B5 universe. (And it's not just the names; if every character is
the same, and the context is the same, and a work appears within that
context with the names just changed, it is still copyright infringement.)
It is in the vested interests of PTEN to maintain ownership of its
copyright and trademarks. Otherwise why should any publisher pay for the
rights to, say, publish novels in that universe? If a work appears in the
public domain, using copyrighted characters/situations, and is NOT gone
after legally, then that portion of the original creation has itself
slipped into public domain. PTEN is currently going after several of the
companies that have provided services to B5, and then have gone around and
published ads in various magazines using photos from B5 *without* the
PTEN copyright notice. Those specific images run the risk now of becoming
part of the public domain. This has to be stopped and will be stopped, by
PTEN.
I understand the need, the utility, and the fun of fanzines. I've
read many and own many. I, however, am not PTEN. I understand the
desire to play with the characters, in electronic or printed form. But
that has nothing to do with PTEN's desire to protect its copyright. The
electronic medium -- BBSing -- has been found in several court hearings
to constitute a form of publication. There are, in fact, now several
electronic publishers who circulate books/stories via this medium. Any
work appearing in this medium is subject to commonlaw copyright, so that
the writer of that work owns it...which brings that writer into direct
conflict if that work infringes upon the copyright of someone else.
If a flood of B5 stories (or camoflaged clones) began to appear on
this or any other net, it would force PTEN to intervene legally with
injunctions, cease-and-desist letters, and so on. My own feelings about
this really don't enter into it.
It becomes a two-sided risk. On my behalf, I would simply have to
withdraw rather than run the risk of being sued for something somebody
might write that I might have seen. It doesn't have to be proven that I
even saw it as long as I had *access* to seeing it. On the other hand,
those doing so run the risk of entanglements of their own.
Is it fun? No. Not for either of us. Part of the reason I created
the B5 universe was to see what other people would do with it. But this
is the law. And the law doesn't have to be fair. It simply is.
jms
-------
Sean O'Connell When the going gets tough, the tough get caffinated.
se...@hacks.arizona.edu
"Perhaps all sins are not causes but effects, being a result of that
first sin. Boredom."
KW Jeter _Infernal Devices_
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THE TRUTH IS OUT THERE
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-- MIKE!!!