Re: A Little Linguistic Playground

On Mon, 22 Mar 1999, Rod Dixon <rod[_at_]cyberspaces.org> wrote:
>
> On 3/20/99, Lance Purple <lpurple[_at_]netcom.com> wrote:
> >
> > On Fri, 19 Mar 1999, Thomas Workman <tworkman[_at_]erols.com> wrote:
> > >
> > > That statement is true. But you still miss the point. The law
> > > specifies how a work obtains a copyright. When those conditions
> > > are met, the copyright attaches. Anything you do or say does not
> > > "override" the law, unless the law provides a specific mechanism
> > > for undoing what it has done. The statutes provide no mechanism
> > > for destroying the copyright, except for the passage of the
> > > requisite time, or of course a subsequent law.
> >
> > IIRC, the original poster wanted to invent a catchy new phrase for use
> > by the -copyright owner-, to indicate the deliberate release of their
> > own work into the public domain. They can legally do that, yes?
>
> Yes. It's called a license. Also, remember that if the copyright owner
> cares not, then neither does the law of copyright. Infringement may
> occur automatically, but it's not self-executing.

  No, a license does not put the work in the public domain. A license permits the uses granted by the license from the copyright owner to the licensee.

  There is a BIG difference. I can license a publisher to print my book. That does not put the work in to the public domain. I can issue a blanket license to permit anyone to print my book. That license is a binding contract only if the requirements of contract law are met (usually, that means the licensee paid something for the license). A license that is given without any governing contract permits the owner to change their mind, and take the license back. The license could be rescinded, and then you are illegally publishing, unless you obtained the license through some contractual relationship.

  Bottom line is that you cannot invent some catchy new phrase that negates the federal copyright statute. No matter how badly you want to do it, you do not have the authority to do so. You MAY freely give away any or all of the rights you possess under copyright. To do that, you provide a license. That license DOES NOT invalidate the copyright, it simply conveys some of your rights to others.

-- 
Thomas E. Workman Jr.
41 Harrison Street
Taunton, MA 02780

EMAIL: tworkman[_at_]erols.com
Phone: (508) 822-7777
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