Re: Web Copyright Message - Comments? Enforceable?

From: Dan L. Burk <BURKDANL[_at_]shu.edu>
Date: Sat, 25 Oct 1997 09:10:31 -0400

On 10/23/97, Robert Cumbow <cumbr[_at_]perkinscoie.com> wrote:
>
> To the contrary, two parties may contractually agree, by means of a
> license, to protections broader, narrower, or otherwise different
> from those afforded under copyright law. The question is whether
> Mr. Moignard's legal notice would be enforceable as a license
> binding the user of his Web site. If it would, then it doesn't
> matter whether it is consistent with copyright law or not.

Although I mostly agree with this statement, I hasten to add that the ability of parties to modify copyright defaults via state contract law is not unlimited. To the extent that the contract may be either statutorily or constitutionally preempted for conflicting with federal policy, it *does* matter whether the contract is consistent with copyright law or not.

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Dan L. Burk
Seton Hall University
burkdanl[_at_]shu.edu

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Received on Sat Oct 25 1997 - 13:01:10 GMT