Re: Assignment of Copyright in Cyberspace

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?
>
> If not, would it be effective if the statement had been made via email?
>
> Does it matter that Author A sent the .html files directly to Author B?
>
> 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.)
>

An assignment of copyright must be express and written. This is written, but I don't think it's sufficiently express to qualify. What probably has happened is a *license* to prepare derivative works based on the page. I suspect that B would get that right, and ownership rights in the changes she makes, but not the ownership rights to A's original works.

Mark Lemley
<mlemley[_at_]mail.law.utexas.edu> Received on Tue Apr 07 1998 - 16:19:49 GMT