Who Owns This?

Tish Davidson · Apr 26, 2005

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 · Apr 26, 2005

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

Jamesaritchie · Apr 26, 2005

Book

I'd buy a copy, as well.

BlueTexas · Apr 26, 2005

Me, three.

zeprosnepsid · Apr 26, 2005

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

Deleted member 42 · Apr 26, 2005

I'd buy it and teach with it.

Tish Davidson · Apr 26, 2005

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

Jaws · Apr 26, 2005

James D. Macdonald said:
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 meansbelieve 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 · Apr 27, 2005

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 · Apr 27, 2005

Kasey Mackenzie said:
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 · May 4, 2005

Jaws said:
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 · May 4, 2005

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 · May 4, 2005

jules said:
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 · May 4, 2005

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

maestrowork · May 4, 2005

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

Who Owns This?

Tish Davidson

James D. Macdonald

Your Genial Uncle

Jamesaritchie

BlueTexas

Back from self-exile land.

zeprosnepsid

Deleted member 42

Tish Davidson

Jaws

Apex Predator

Kasey Mackenzie

One Hit Wonder?

Jaws

Apex Predator

jules

Bored fanatic

LightShadow

defender of the blahs!

Jaws

Apex Predator

LightShadow

defender of the blahs!

maestrowork

Fear the Death Ray