On 4/6/98, Juliann Krute <juliann[_at_]people-are.strange.com> wrote:
>
> Although this is hardly a novel issue, it is one that I am seeing more
> and more frequently in the online world. Author A starts a project
> (presume here a non-profit web page on a specific topic). Author A gets
> bored with the project, Author B offers to maintain the pages and update
> them, etc. Author A says in an online chat "I can't be bothered to
> update the pages anymore but I don't care if you want to go ahead."
>
> Has an effective transfer of copyright taken place?
(All of the below assumes US law is controlling.)
No. Section 204(a) of the Copyright Act states:
"A transfer of copyright ownership, other than by operation of law, is not valid unless an instrument of conveyance, or a note or memorandum of the transfer, is in writing and signed by the owner of the rights conveyed or such owner's duly authorized agent."
There has been no signed writing transferring A's rights to B.
> If not, would it be effective if the statement had been made via email?
There has now been a writing, but, unless electronically signed and electronic signatures are recognized, it would be invalid for that reason. And even if signed and recognized, the statement in the e-mail has nothing to do with conveying any copyright ownership, so would be ineffective regardless.
> Does it matter that Author A sent the .html files directly to Author B?
No, sending a copy of the work has no bearing.
> Also, if anyone knows of any sources of information regarding online
> transfers of copyright ownership, please let me know. :) (Alternately
> any resources for any sort of implied or quasi-transfer if there is such
> a beast.)
There is no such thing as implied transfer. There can be an implied license.
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