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[XML-DEV Mailing List Archive Home] [By Thread] [By Date] [Recent Entries] [Reply To This Message] RE: OPES and XSLT
 From: John Cowan [mailto:jcowan@r...] Bullard, Claude L (Len) wrote: >> Contract law is the emerging governing force. My guess is that as has been >> said in the past, one has to assert all claims prior to publication. >That is a patent-law rule, and irrelevant to copyrighted material. No, it is a common practice. While the copyright is in effect when the piece is put into a fixed form, beyond copyright claims for reuse should be explicitly stated. It is a proactive move that establishes the fact of the claim. > This > means stating explicitly what other systems can do with your copyrighted > material. >Because if you don't, they cannot copy, distribute, modify, publicly >display, or publicly perform the work, except according to legal >provisions for fair use/fair dealing. Yes. If you consider having ads pasted on your work by third parties to be a violation, and the system you work with enables that without regard to checking the copyright, it is a good move to specifically reserve the right to this. At this point, the claim may be more than copyright covers, but you have made claim to the right to refuse that service or to be engaged by it. >> The real problem is enforcement which must start at the >> the source to ensure any subsequent party is subject to the contract. >No contract is required. Explain all those statements on web pages that require the user to acknowledge use of the site under local laws. Explain the provisions in the W3C specifications for use of the copyrighted material. A contract is asserted. Don Park wrote: >> 1. who owns the copyright on transformed data? At what threshold does >> butchering stops and originality starts? >Transformed data is a paradigm case of a derivative work. Assuming >the original is subject to copyright at all (which it may not be), >the right to transform belongs to the original creator unless >delegated or sold. Possibly. Usually true under copyright, but this is murky and tends to be decided case by case. That is the difficulty of copyright; the owner has to make the claim and ensure the case is carried forward. Best practice is to assert all rights reserved at publication. If one is unsure that current local law covers you, assert the extra provisions. That way you have at least made the claims publicly and that may be considered as informative. At the end, the judge decides. Web law may end up being like the American drug laws: expensive and mostly a boon for the lawyers, but a drag on the legal system itself. For that reason, a lot of legislation is in the hopper. God help us. 
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