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Todd Debreceni
Joined:
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05-Nov-2004
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Started On : 21-Mar-2006 at 12:00:04 PM, #Views : 6287
Topic Subject : RE: Re: copyright |
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Guy
I deal with copyright questions from my students frequently; yesterday I
received the latest issue of a magazine I get from Digital Juice, a terrific
company in Florida that sells royalty free music, footage, and still images.
There was an article about copyright and work for hire, and I am attaching
it here for anyone interested in hearing it from a patent attorney. I don't
think they'll mind me sharing the concisely written article by Mark Levy.
Regards
Todd
-----Original Message-----
From: aliforum@lifecasting.org [mailto:aliforum@lifecasting.org]
Sent: Monday, March 20, 2006 11:05 PM
To: debreceni@paradigmranch.com
Subject: Re: Re: copyright( Message No. 838)
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Hello Todd Debreceni
Post Date : Tuesday 21st of March 2006 01:04:21 AM
Posted by : "Me KITZLEN" blackhole@kitzlen.com
Re: Re: copyright:--
Sorry, coming in a bit late on this one . . .
Not sure if you have "moral rights" (in the legal sense) in the USA, but for
Guy Louis-XVI there certainly are some rights (as someone else commented
about the 'festive' geese).
Moral rights are also not automatically transferred with other IP rights
(e.g. copyright -the reverse of many book title pages declares the copyright
as the publisher's but 'asserts' the author's moral rights). (Indeed rights
may not be transferable at all, just capable of being (specifically)
'waived'.)
There is a (Canada-centric) discussion at
http://www.zvulony.com/moral_rights.html
"14.1 (1) The author of a work has, subject to section 28.2, the right to
the integrity of the work and, in connection with an act mentioned in
section 3, the right, where reasonable in the circumstances, to be
associated with the work as its author by name or under a pseudonym and the
right to remain anonymous."
"28.1 Any act or omission that is contrary to any of the moral rights of the
author of a work is, in the absence of consent by the author, an
infringement of the moral rights."
. . . and whatever your 'local' (national) rights anyone who wishes to do
something that may be against a creator's moral rights would have to
consider whether they are publishing the results in another jurisdiction
(quite easy with the Web!). So if there are no such rights in Ruritania and
a Ruritanian sculptor has his work 'published' on the media of the
Ruritanian News Network to viewers in a country with moral rights
legislation (or with stronger legsilation) then the sculptor might have a
claim in the second state(?), certainly he has a good 'moral' argument.
Certainly you need a deep pocket (or a good 'rights society' to back you) or
a socially conscious (i.e. "we don't want embarassing allegations against
us") adversary.
All that said the ability to live serenely with that which one cannot change
may an option!!
Good luck
KITZLEN
(no email: http://kitzlen.com/contact )
(Certainly beloging to a good artists' rights society is a good idea ... !)
ALI is an international organization whose members are engaged in the art
and creative industries. Its purpose is to promote the art of life casting
create public awareness of this unique art form, provide its members with
forums to exchange information, resources to enhance their effectiveness and
advance opportunities for their artistic success.
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