Re: Re: Service Agreement vs Intellectual Property
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Posted by Margaret on September 24, 2003 at 15:41:51:
In Reply to: Re: Service Agreement vs Intellectual Property posted by M. Arthur Auslander on September 12, 2003 at 06:50:20:
I am sorry to say but this was not helpful advice. As I understand copyright law any text, picture etc contained in our course material is copyrighted by us by default without needing to state this explicitly. But I do agree that lawyers will not help us. Small businesses have to protect themselves. Regards, Margaret : : Hi, : : I am running courses over the Internet and ask each prospective client to accept our conditions regarding our ownership of the course material. I have a client now from a corporate education unit of a large company who insists that our copyright conditions constitute a contract and their corporate purchasing department does not allow individuals to enter into Service Agreements. We have never had anyone refuse the acceptance of our IP related conditions for the use of the course material and we do not understand why it is such a problem to them. : : If we allow them to access the course material without them explicitly acknowledging our ownership of the course IP, could they use our course material without breaching the law? : : Would we have a case that a lawyer would take on as an easy win against them for the copyright law breach? : : We are a small business and could not afford to fight expensive legal battles. : : Thanks, : : Margaret
: Dear Margaret, : This looks like typical legal assertion of power. I am a lawyer, but that doesn,t mean that I have to be involved with the rot that the profession can legally engage in. : What you have in your cource material, if copyrighted cannot be legally copied. The information contain in the material cannot easily be protected. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 3008 Johnson Ave., New York, NY 10463 : 7185430266, aus@auslander.com : ELAINE's Workshop® : E arly L egal A dvice I s N ot E xpensive™ : Reality Check®
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