[d@DCC] Idea exploration: hierarchy of creators' rights?
ag737 at freenet.carleton.ca
Fri Apr 16 15:27:15 EDT 2004
>> Given the scope of copyright, where almost everything is a copyright
>> work, the wheels of commerce would be greatly rusted if the
>> author/employee was automatically the first owner in every circumstance.
> In what way?
By treating "intellectual" work and its product differently from other
kinds of work.
> How is having the employer be the second-holder of copyright, with
>copyright transferred under employment contract, any different than if a
>corporation is sold and their intangible assets would then transfer to a
> Where is the uncertainty you suggest would exist in what I
As between "intellectual" work, and any other kind.
Lady Chatterly-Lubber has a man-servant, George.
As part of his duties, in the course of his employment, for which he
receives instructions and is paid...
...George builds a retaining wall for her BMW parking lot. She, not George,
owns the wall.
...George paints her parlour a vile pink. She, not George, owns the wall.
...George writes an interpretive pamphlet for visitors to the world-famous
Chatterly-Lubber Rose Garden.
In a commercial world, that labour should be treated the same as any
other. They can, as you not, provide otherwise by contract, which is what
our Copyright Act does allow for.
>> Almost the whole of common-law contract, tort, and property law does this
>> sort of thing. If your actions meet conditions X,Y, and Z, ta-da, the
>> money you thought *you* owned, is actually held by you in trust for
>> someone else. Or it's owed to someone as part of a common-law contract. Or
>> someone now legally owns it thanks to "trover".
> I meant specific examples, not areas of law that I don't yet see how
It's the general principle I'm going after: the law often tells you you
don't own the X you think you do. That's not necessarily "taking".
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