Re: [ARMini-support] Insignia / copyright manual
- From: Jim Lesurf <jcgl@xxxxxxxxxxxxxxx>
- To: armini-support@xxxxxxxxxxxxx
- Date: Sat, 12 May 2018 12:32:34 +0100
In article <gemini.p8m307004yej202kw@xxxxxxxxxxxxxxxxxxxxxx>, Alan Wrigley
<alan@xxxxxxxxxxxxxxx> wrote:
Jim Lesurf <jcgl@xxxxxxxxxxxxxxx> wrote:
the creator and publisher are usually far from 'equal' when it comes
to forming an agreement.
I agree with what you say. However, I have two further observations to
add to my comments.
Firstly, is there actually a clear definition of "all rights"? Years ago
I sold some photographs to Lufthansa on the basis of "alle rechte". I
assumed this included copyright. However, a long time later I was told
that "alle rechte" covers all publishing rights but not necessarily
copyright.
I think this depends on your legal jurisdiction. And in practice the
contract will probably use far more words and bury the situation in
legalese to bafflegab the creator of the work. :-)
Secondly, in a commercial situation I can understand a publisher
requiring exclusive rights - after all, you don't want your competitors
publishing exactly the same material elsewhere. An author would have an
impossible job to overturn this requirement.
That helps support one of my earlier points.
For the author and public, having publishers *compete* to produce the best
version of a work and do best for the creator and buying public would be an
advantage. t would help cut prices and payback to the creator. In other
areas 'competition' tends to be lauded as a great idea - even by companies
- but, oddly, not here. 8-]
However, I would have thought that an author would be much more likely
to be able to negotiate over what happens if the publisher ceases to
exist at some point in the future, which doesn't impact on the
publisher's ability to extract all the value it can from the work for as
long as it's able to.
Owning the rights becomes a company asset. It can be sold on or liquidated,
or used as collatoral when raising money. So some other company may well
want to buy up all the rights owned when a publisher folds. If they can pay
more than the creator, the liqudators will go for the money as that is what
they are *expected* to do.
Holding the rights may benefit another publisher by allowing them to keep
'vaulted' and other works that might compete with their latest offerings in
a given field.
None of this will change unless and until the basic laws are changed to
force it to occur. Which won't happen whilst the big companies are getting
legislators to *extend* the IPR system.
Jim
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