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[Lisa Krause]

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:

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

[M. Arthur Auslander]

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
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[Sandy]

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!

[nobody]

"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.

[Late but Hoping-to-Help]

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".

[admin]

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.

The forums are intended to provide a "forum" for those who wish to discuss intellectual property issues.  Except for postings that are blatantly offensive, it is our policy to not censure the posts.   Late but Hoping-to-Help: if you are finding misinformation being posted to the forums then feel free to provide correct information.

The fact that the domain name is registered to a Canadian address has nothing to do with the operation of the website or the forums.

[M_Arthur_Auslander]

From the postings it seems as if the concept of copyright is not clear. It is my unresearched belief, and I don't want to spend the time to research it, that nationally and internationally copyright protects the "mode of expression".

Thus the ideas expressed are not protectable by use of the copyright law domestically or internationally. The mode of expression, the way the words are set forth is copyrightable.

For the copyright the author must lay claim, and register to enforce. The subject matter is not part of the copyright.

Enforecement of copyright rights requires registration, nationally even if there are multinational uses and the copyright notice may give international rights, though registration must be national.

As I understand it, in Great Britain no copyright notice is necessary and registration may not even be required. But the Universal Copyright Convention does, as I understand it require and "c" in a circle to be effective, notwithstanding the need to register nationally , if required by local law.

Years ago I registered copyright on a motion picture made in Jamaica. It was my understanding that at that time there was no copyright law in Jamaica. I believe there is one now.

I did not doubt the validity of the United States copyright and the effect of the need for a statutory copyright notice to protect the work in the United States and the need for national registrations in order to protect the work country by country. Incicentally I am not sure of the protection of a work in Great Britain, or England and or registration with the treaty "c" in a circle.

I'm not going to do the research.

P.S. So what if the prorietor of this website is a Canadian.