From: Carl Weese (cweese@earthlink.net)
Date: 03/05/01-06:38:46 AM Z
>
> On Mon, 5 Mar 2001, Sandy King wrote:
>
>> When an article by someone other than youself is published in Post-Factory,
>> who owns copyright to the article? Is it you or the author?
>>
>> Sandy King
>
As a general rule (and of course there are exceptions and complications
requiring the services of an intellectual property law expert) copyright is
automatic and lies with the creator. You own the copyright to your article
and pictures unless you specifically, categorically, assign it to someone
else in writing. Publishing in no way relinquishes copyright. Judy/Post
Factory has a compendium copyright to the actual journal as an entity, but
not to the individual contributor's content, unless they've signed it over
in writing, which I'm sure she doesn't ask. So, if someone photocopies P-F
without permission, they are violating Judy's copyright on the compilation,
and yours on a specific article.
You don't have to declare copyright for it to exist, but unless you declare
and register it, your legal recourse is quite limited. Registration lets you
go after punitive rather than just actual damages, for example.
As for the web--in my own case I think compromise makes sense. For _PHOTO
Techniques_ I allow reposting of my articles on *their own* website, since I
figure it serves as publicity for both of us. But I prohibit release of the
same material to any other entity. I'm sure people download articles that
interest them, but if some company used the material for their promotion or
advertising, they'd be hearing from me. With other magazines where I do
photo-illustration assignments I'm less generous. That's how I've made my
living for 25+ years: if they want to put something on the web I consider it
a second use and require a fee. But now we're moving too far from alt.
---Carl
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