Who Owns This?

[Tish Davidson]

Just out of curiosity, who owns the content on AW? Could Uncle Jim edit his thread and publish a book from it? Not trying to start trouble, purely curious about the copyright status of posts.

[James D. Macdonald]

As I understand it, the individual posters own the content of their own posts.

[Jamesaritchie]

I'd buy a copy, as well.

[BlueTexas]

Me, three.

[zeprosnepsid]

i wouldn't buy it because i don't have any money -- but i would take it out of the library.

[Medievalist]

I'd buy it and teach with it.

[Tish Davidson]

Okay, Jim, next time you have a dry spell writing fiction, you know what to do.

[Jaws]

As I understand it, the individual posters own the content of their own posts.
Correct, sir! Although there is an implied license to publish (whatever that means—believe it or not, the Copyright Act doesn't define it for text!) in the forum and the form of AW, there is no transfer of any other right. Each individual poster owns the copyright in his/her own work, even without putting a copyright notice on it, and despite any countervailing "notice" on the page (take a look at Tripod some time).

Always remember this:
If you didn't put a signature on a piece of paper that said so, you didn't transfer your copyright.

[Kasey Mackenzie]

Awww, so even message boards that CLAIM they own the copyright on your posts don't really? Even if they state otherwise on their websites and say that by using the webboard you are agreeing otherwise? (Just curious--I don't tend to post anything on webboards I wouldn't be willing to give up the copyright on. But I do frequent one place in particular that says it owns whatever you post on its website.)

[Jaws]

Awww, so even message boards that CLAIM they own the copyright on your posts don't really? Even if they state otherwise on their websites and say that by using the webboard you are agreeing otherwise? (Just curious--I don't tend to post anything on webboards I wouldn't be willing to give up the copyright on. But I do frequent one place in particular that says it owns whatever you post on its website.)
Your understanding is correct.

[jules]

Always remember this:
If you didn't put a signature on a piece of paper that said so, you didn't transfer your copyright.

Hmmm... are you sure about that? I thought any contract could transfer copyright, and that contracts can be formed by clicking a button, as long as there is clear text that indicates what you're agreeing to.

Of course, there would need to be consideration, but could the distribution of the work performed by the site's operators fulfil that requirement?

I would be very wary of assuming that you couldn't transfer copyright in this manner.

[LightShadow]

My understanding is anything you write is copyrighted the moment you write it, and you have to give away your copyright in order to lose it, someone can't just assume it.

[Jaws]

I thought any contract could transfer copyright, and that contracts can be formed by clicking a button, as long as there is clear text that indicates what you're agreeing to.
That's generally true, but the Copyright Act specifically requires a signed writing. It's a special case. The general rules of contract law are only general rules.

There are lots of contracts that can't be done on a "click-through" or other off-paper, unsigned basis: sale or purchase of an interest in real property, including leases; sale or purchase of a firearm; any contract falling within the statute of frauds, in 32 states; and so on. Those general rules are good guidance in general situations. Intellectual property is anything but a general situation.

[LightShadow]

Thanks Jaws, for the insight, as general as it may be.

[maestrowork]

I want a cut of the book's profit, UJ!

;)