Re: Assignment of Copyright in Cyberspace

On Mon, 6 Apr 1998, 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?

This question has two parts. Part one relates to "effective": if the language quoted was used in a chat whose statements were saved, it probably would satisfy the "writing" requirement for a license or assignment. Part two relates to "transfer", and on the basis of the language quoted, I wouldn't think so, if by "transfer" you mean "assignment." It might very well be a license, however.  

> If not, would it be effective if the statement had been made via email?

If the chat matter had not been saved, then it would no longer exist as a writing (but query if others had been on-line at that moment and "witnessed" the written exchange, could they testify to the existence and content of the writing?), whereas e-mail would stand a better chance of being saved and printed. The trick, if any, would be to prove that the person purporting to send the message was actually the person at issue.  

> Does it matter that Author A sent the .html files directly to Author B?

That's certainly evidence of an intent to license, but it probably is not conclusive on the question of an assignment.

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