[d@DCC] Idea exploration: hierarchy of creators' rights?
russell at flora.ca
Thu Apr 15 12:14:38 EDT 2004
On Mon, 12 Apr 2004, Wallace J.McLean wrote:
> Legislating some manner of certainty as to the legal result stemming from
> a certain fact situation is NOT the same as the government "taking away"
> something from somebody.
How did "work for hire" create certainty? Without this modification the
certainty would be that the creator would own copyright unless copyright
is signed away in an employment contract. This is the same as many other
things which can be sold as part of a contract, and is a basic aspect of
material rights being able to be transferred.
With the "work for hire" amendments it means that copyright is granted
to the employer unless signed back to the creator in an employment
contract. It also seems to mean that moral rights simply don't exist as
only creators get moral rights. I can see why employers (especially US
employers) would like this as they consider moral rights to be a problem.
I do not see how this law created certainty, as it just changed the
default *FROM* creators having first copyright to employers having first
copyright. How is that not taking first creator copyright rights away
> If it did, whole swaths of provincial civil law is as immoral as the
> sections of the Copyright Act you're indirectly referring to here.
Can you give me examples? I'm interested in exploring this more.
> > In some cases there are people loudly claiming that their right to swing
> >their cane *includes* smashing my nose.
> The problem with the cane vs. nose metaphor is that people on both sides
> of a controversy will claim to be cane AND nose.
I guess you are right here in that there is some subjectivity. I may
have a very clear idea in my mind which is cane and which is nose, but it
may be that my idea is not shared by others.
Russell McOrmond, Internet Consultant: <http://www.flora.ca/>
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