Re: AOL and copyright lawsRe: riff stealing in music industry

From: Bruce Hayden <bhayden[_at_]acm.org>
Date: Thu, 16 Feb 1995 00:54:00 -0700

>I just got off the phone with a nice gentleman at AOL who told me that all
>public posts on the board are public domain OR AOL has a license, based on
>their terms of service agreement, to edit, remove, move, or alter those
>posts. In the Terms of Service, there is also an indication that both AOL
>and the user hold a copyright in the work, because it is a joint work (I
>think they actually call it a collective work).
>
>Is anyone here familiar with AOL's rules, or can give me further input
>about this-it seems obvious that AOL has the right to edit the boards, and
>that there can be no expectation of privacy on a public board, but how can
>that make something public doman? or how can something be a collective
>work? Is it because AOL supplies the software & interfact for reading,
>posting and downloading, and therefore the "writing" would not be possible
>without AOL's interface/input?

I think that it is wishful thinking on the part of AOL.

I fail to see how it could possibly be a collective work with AOL. Such would require the minimum level of creativity required by Feist, and supplying software just doesn't do it.

The work is also clearly not in the public domain, at least since Berne.

That leaves license which they may or may not have depending on their written contract and common usage (implied contract).

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The preceeding was not a legal opinion. It was my personal opinion, and mine alone. It was not necessarily the opinion of my employer. The answers to legal questions are invariably highly dependant upon the precise facts involved. Thus, before making any reliance upon anything said here, you should consult with an appropriately skilled attorney.

Copyright 1995 by Bruce E. Hayden, All Rights Reserved. This work may be copied in whole or part, with proper attribution, as long as the copying is not for commercial gain.

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Bruce E. Hayden                               7604 Vail Valley Drive 
bhayden[_at_]bga.com                                  Austin, Texas 78749 
bhayden[_at_]acm.org                                       (512) 892-7915

Received on Thu Feb 16 1995 - 06:59:28 GMT