Re: Collective Works

From: JOHN F. NOBLE <jnoble01[_at_]gumedlib.dml.Georgetown.EDU>
Date: Thu, 24 Mar 94 9:07:33 EST

> Dear cni-copyright subscribers:
>
> I have what may be a copyright puzzler related to something called "MUDs."
>
> MUDs are shared virtual realities accessible through the Internet. MUD
> users usually write programs to add to these virtual realities. In the
> past, MUDs were pastimes or games. In recent years, they are being used
> increasingly to build corporate and educational environments. Suddenly,
> ownership of these environments has become an issue.
>
> Although not a lawyer, I have done some research and currently see the
> issue this way:
>
> MUDs are "collective works."
> The code contributed by each MUD user is copyright by that user.
> However, the user surrenders the right for his/her code to be
> distributed and used as part of the "collective work."
> Copying an individual's code and using it as part of a different
> "collective work" (another MUD) would violate copyright unless
> a license was given to copy and use the code elsewhere.
>
> Now, here's where I'm really stumped: Who owns the "collective work?"
> If the users enter into an agreement that the collective work they program
> is owned by a legal entity (person, corporation, partnership, etc.) that
> should establish the owner. But, without such an overt agreement, who
> owns the collective work?
>
> --
> Greg Swan
> swan[_at_]mcmuse.mc.maricopa.edu (internet) swan[_at_]mc (bitnet)
> (602)461-7294

The collective work is owned I think by the "joint authors". They do not so much "surrender" the right to distribute the work, as they each retain the right to individually copy, distribute, or license others to copy or distribute the product of joint authorship. I think you will find a recent decision of the 7th Circuit Court of Appeals useful: Erickson v. Trinity Theater, No. 92-3598 (Jan. 6, 1994). You can get it off their BBS at 312-408-5176 (but you have to call in, register, and call back a couple days later).

o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o

o                             <>                                            o
o    John F. Noble            <>   jnoble01[_at_]gumedlib.dml.georgetown.edu     o
o    Editor                   <>                                            o
o    Computer Law Reporter    <>   202.625.2245  P.O.32230/WDC/20007        o
o                             <>                                            o

o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o Received on Thu Mar 24 1994 - 14:28:03 GMT