[d@DCC] Idea exploration: hierarchy of creators' rights?

[Wallace J.McLean]

>May I interject some comments?

Go ahead.

>> By treating "intellectual" work and its product differently from other
>> kinds of work.
>> 
>
>But it is different from other kinds of work, in exactly the same way 
>that real property rights are different from intellectual property rights.

I know it is, and I don't ordinarilly think that IP rights should be
treated the same as tangible property. However, a lot of the creator's
rights groups take this line. In the name of consistency, if IP = any
other kind of property, then the pamphlet and the retaining wall ought to
be treated alike. Where the parties are free to contract otherwise, the
man-help can demand first ownership, just as, if the obverse was the
default, the employer could demand first ownership.

>I don't believe that acknowledging this difference will in any way slow 
>down the wheels of commerce.

It already has. My employer-at-the-time had a problem of exactly this
nature once that could have caused some serious trouble for them but for the
way our Copyright Act is drafted.

>> 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.
>
>The copyright Act also allows for these rights to be transfered the 
>other way, which is how it would have to be if the author had default 
>ownership.

Yip, it allows for that. I think the default should be employer-first
owner though.

>Working relationships could still be set up so that the employers gets 
>the rights. But it would be through an employment contract, not the 
>copyright act.

Exactly.

>And I think that extra bit of bargaining power is needed 
>when dealing with large, well funded, intimidating corporations.

I don't. If "creators" don't want to work under those terms, they don't have
to. But I don't see why "creators" labour should be treated differently,
in an employment setting, than bricklayers' or pipefitters' or carpenters'.



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