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#31
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YES - But be sure that the transfer order is valid... if not, after-the-fact you lose. Quote:
You're playing with fire in a gasoline tank... best to drop it... the payment could be used in court as an acknowledgement that you were 100% AWARE the copy wasn't yours... and damages would be yours to pay. Quote:
Like any contractual agreement the "agreement" isn't in place for those times that are "peachy"... the agreement is there to protect the interests of all parties when things sour. The copyright transfer order is the same thing... and it serves many functions designed to protect those invoided. Let's say for example you don't have a transfer in place and a 3rd party infringes... You do the DMCA route, They counterclaim, You attempt to go to court but to do so you must show proof of copyright ownership [your registration certificate number] Technically you didn't write it so your writer needs to do that Things go awry here: Your writer doesn't want the hassle... You lose! Your writer now decides they want more money because you want exclusive rights and that was never discussed. You lose! You circumvent the writer and put your claim in -- [risky but it could work] The guy that counterclaimed knows something - because it's risky to counterclaim when you know you didn't write it. If the writer owns the copy you don't have exclusive rights - means "in court" you falsified evidence - not good! You lose! There are no "you win's" here.
__________________
We are what we repeatedly do… excellence, then, is not an act, but a habit. — Aristotle |
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#32
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The bottomline here is this: Most employers of writers, most writers, most commissioner of work-for-hire projects, and most writers-for-hire don't understand copyright - they naturally assume they do... and that's where there is an advantage found. If your boss is hiring writers - the easiest 'clear way' is to hire an employee... the boss has the rightful claim to copyright and should exercise that claim every 3 months [submitting an update of all web work] ... it'll be the best $35 every 3 months he ever spent. If he is going to continue to do work-for-hire then he MUST HAVE someone internal that manages this - particularly copyright issues... There is a dark-side to all of this -- when a "writer" borrows copy from another writer... as a commissioner of the project - what then? Someone needs to be full time on copyright issues... but there is a plus side to that as well... very few people [including IP attorneys] understand the nuances of digital copyright & DMCA... that's an opportunity. Last edited by fathom : July 28th, 2008 at 05:34 PM. |
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#33
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Thanks Fathom and Googler for all of the information! Alot to think about.....
__________________
A sig test: castrol srf | Graphical Force "When everybody is special . . . nobody will be." -Syndrome |
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#34
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I highly recommend you do so. My traffic more than doubled when I started adding articles. Not to mention, the crawler's visits tripled with the new content. I think my viewers are pleased as well (which is what really counts).
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