Re: Re: Re: Copyright in X-ray works

From: Steven Jamar <sjamar[_at_]law.howard.edu>
Date: Fri, 18 Mar 2005 13:40:30 -0500


Its a pun on civil law v. common law countries. And beyond that, I think that the individuals who create things should be the owners -- of course employers would require (as they do in the US for patents and elsewhere for copyrights as well) license agreements so the effect would be marginal in the end. And group projects with joint authors create their own problems -- movies, software, and so on. But it is really just a pun and moral sense of what is right.

Plumbing supplies and other tangible personal property, real property, and fixtures are not the same as intellectual property. But that takes us far, far afield. Suffice to say for now, perhaps, that if there were in fact intellectual property in the plumbing (and there could well be, by the way -- trade secret or patent), the plumber or creator of it or owner of it would still own the IP even though you owned the plumbing. I may own a book written by Tolkien, but I don't own the copyright in it.

Steve

On Friday, March 18, 2005, at 12:40 PM, Wallace J.McLean wrote:

> ----- Original Message -----
> From: Steven Jamar <sjamar[_at_]law.howard.edu>
> Date: Thursday, March 17, 2005 5:40 pm
> Subject: [CNI-(C)] Re: [CNI-(C)] Re: Copyright in X-ray works
>
>> Because the creators of the works are natural persons -- and in
>> civil(ized) countries, the person owns the copyright, not the
>> employer.
>
>
> What's inherently "civilized" about that?
>
> Should a plumber own the plumbing as well, instead of the homeowner who
> hires that plumber? (absent an agreement to the contrary, of course.)
>
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-- 
Prof. Steven D. Jamar                               vox:  202-806-8017
Howard University School of Law                     fax:  202-806-8567
2900 Van Ness Street NW                   mailto:sjamar[_at_]law.howard.edu
Washington, DC  20008   http://www.law.howard.edu/faculty/pages/jamar/

"Whenever you find yourself on the side of the majority, it is time to 
pause and reflect."

Mark Twain
Received on Fri Mar 18 2005 - 23:40:30 GMT

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