The Intellectual Property Law Server

Welcome, Guest. Please Login or Register.
Oct 20th, 2020, 11:08am

Forums Forums Help Help Search Search Members Members Calendar Calendar Login Login Register Register
   Intellectual Property Forums
   Other
   Copyright Forum
(Moderators: Forum Admin, JimIvey, JSonnabend)
   Copyright on website submissions
« Previous topic | Next topic »
Pages: 1 2  Reply Reply Send Topic Send Topic Print Print
   Author  Topic: Copyright on website submissions  (Read 1031 times)
Lisa Krause
Guest
Copyright on website submissions
« on: Nov 22nd, 2003, 3:07pm »
Quote Quote Modify Modify Remove Remove

I've had a website for almost ten years.  Much of the website is made up of submissions (mostly non-fiction stories) from readers of the site.  On my site, I have a copyright notice that says anyone wanting to reproduce the stories in a book, magazine, etc should get permission from the original authors of the stories since the original authors hold copyright (I have always assumed this to be true based on my own admittedly weak understanding of copyright law as well as the copyright notices on other websites).  However, an international copyright lawyer wrote to me and told me this:
 
Quote:

These types of "share-stories" submitted on a webpage ran by a third party (which is you) do NOT give the authors any copyright.
 
If they post their stories on THEIR own websites, they'd definately have the copyright on their stories.
 
However, once they post them on YOUR (or others') website, it means they give up the copyright and you or any other people visiting your site may use them any possible way without breaking the international copyright law.

 
Is this true?  Can anyone pull the stories off the page and use them any way they want?  If it's true, I need to update the explanation on my website so that people who submit their stories understand the rights they are forking over.
 
Thanks for any help!  I tried doing a search but could not find information applying to this exact scenario.
 
Lisa
IP Logged
M. Arthur Auslander
Guest
Re: Copyright on website submissions
« Reply #1 on: Nov 23rd, 2003, 6:07am »
Quote Quote Modify Modify Remove Remove

Without takig professional responsibility, it is my belief that the author can register the copright and then give notice to a copier that the work cannot be further copied.
Use of a UCC copyright notice on a work is constructive notice that a work is copyrighted. Registration is necessary for enforcement.
 
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®  
IP Logged
Sandy
Newbie
*


I love YaBB 1G - SP1!

   


Posts: 1
Input on Copyright on website submissions
« Reply #2 on: Dec 16th, 2003, 8:13am »
Quote Quote Modify Modify

I'm looking for input.  I was part of a forum where discussions took place that fostered "content" for the website.  I have since been "banned" from posting on this forum.
 
Would it be unreasonable to assume all posts of mine should be deleted as they were my "original" thoughts and belong to no one but myself?  
 
Would it not be wrong for this site to continue to use my thoughts to foster further content?  
 
Please let me know your thoughts.
 
Thanks!
IP Logged
nobody
Guest
Re: Copyright on website submissions
« Reply #3 on: Dec 16th, 2003, 10:48am »
Quote Quote Modify Modify Remove Remove

"However, an international copyright lawyer wrote to me and told me this:"
 
"However, once they post them on YOUR (or others') website, it means they give up the copyright and you or any other people visiting your site may use them any possible way without breaking the international copyright law."
 
 
The operative phrase seems to be: "people visiting your site may use them any possible way" - that's just plain untrue. Simply posting to a website one doesn't own is not legally equivalent to placing the work in the public domain. What did the terms-of-service say? Did the authors sign over any rights?
 
Who is this "international lawyer?" Their opinion doesn't fit with my understanding of the law. The U. S signed the Berne convention and had previously made copyright notice optional. However as the attorney Mr. Auslander wrote, one DOES need to register the material to take the matter into court. This was affirmed by at least two U.S. cases: Murray Hill Publications v. ABC Communications, 264 F.3d 98 (6th Cir. 2001) and Morris v. Business Concepts, Inc., 259 F.3d 65 (2d Cir. 2001)
 
If registered after the infringement, the claimant won't get statutory damages (like the RIAA is threatening) only actual damages. How important or valuable is the material?
 
There are several books that explain how to register creative works. (Nolo Press is one option.) And several websites explain how to write a DMCA notice. But if the matter must actually be dealt with in court, get a lawyer by all means. THIS IS NOT ADVICE.
IP Logged
Late but Hoping-to-Help
Guest
Re: Copyright on website submissions
« Reply #4 on: Dec 16th, 2003, 6:29pm »
Quote Quote Modify Modify Remove Remove

May I suggest to the site owner or Moderator that someone insert the word "Canada" somewhere on the page.   Google searches bring others to the forums and until I did a whois search and found the intelproplaw.com domain was registered under a Canadian address, I thought I'd found an incredible amount of misinformation about intellectual property issues.
 
However, I can say that the U.S., Canada, U.K., most European countries, Australia, New Zealand, many Asian and Latin American countries all abide by the intellectual property statutes contained in the " Berne Convention Implementation Act",  which declares that a work is copyrighted regardless of whether it's registered with a Copyright Office, or whether or not a copyright notice is displayed anywhere on the work.
See:
http://www.law.cornell.edu/treaties/berne/overview.html
 
Apparently in Canada, as in the U.S. declares the creator of a work the copyright owner as soon as the
work is in a fixed format (in other words, as soon as it's on paper, in a computer file and not just an idea in the creator's head).    Also, as in the U.S., it appears that
transfer of copyright ownership must be *in writing*.
See  Assignments and licences:
http://laws.justice.gc.ca/en/C-42/37792.html#rid-37890
 
Lisa, I believe the quoted advice you posted (by the person claiming to be an "international copyright lawyer"
is inaccurate nonsense.
 
Generally, it's easier to think about all this when you make a distinction between copyright ownership and "use rights".   Think of it in terms of the software you own and use.   You do not own the copyright.  You and other users have "use rights".   People who have web sites can specify what rights they require prior to allowing others to transfer and display material.  If copyright owners don't want to transfer those rights, they don't accept the terms and go somewhere else.
If they post, they generally aren't required to transfer
copyright ownership.    Whether or not you require them to transfer "exclusive use rights" or not is up to you.  
 
People who have already transfered and are displaying their works on your site, unless you specified otherwise, have maintained standard copyright ownership and standard "use rights".
 
 
IP Logged
Pages: 1 2  Reply Reply Send Topic Send Topic Print Print

« Previous topic | Next topic »
Powered by YaBB 1 Gold - SP 1.3.2!
Forum software copyright © 2000-2004 Yet another Bulletin Board