aussiecoder wrote:EcoTeam wrote:aussiecoder wrote:
Hmm, I was quite interested in the comment regarding ownership of the data. As a contract programmer I have always worked on the theory that the person who enters the data owns the data (I guess I'd better check the T&C over at GC.COM, becuase T&C can always vary the rules).
The author of a work (in this case the text, HTML, and coords you enter into GC.com) ALWAYS retains the right to their work. No if's no buts. You can't sign it away if you try.
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EcoDave
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Ahh, but you can assign copyright to another. Which is the way many muscians have been screwed by their managers and record companies and "others". I frequently sign contracts where I assign copyright of software I develop to the company I am contracted to. In the case where there is no agreement, ownership is automatically with the author or his/her employer. So for me if there is no agreement, my company owns it (and I own the company).
Only one enitity can own the copyright (it cannot be shared) - I've seen this in action too.
Under Australian copyright law this is not true in the case of orginal work which you produced yourself of your own accord (i.e. nobody paid you to do it).
As a contractor you might loose the right because you were paid under contract to produce that piece of work.
This is the case with musicians too, they are under contract to produce the work, so they can loose the right. However, if they write the song in their own backyard with no funding and then try to sell it, they can't loose the right to the lyrics. They won't own the actual music because the music company will pay for it to be produced, but the lyricks are still theirs.
I am an occasional freelance non-contracted author and everything I write is my own work, no one pays me to right it. I ALWAYS retain the moral right to reproduce the work, I cannot sign that away, the act says so. I can however assign exclusive or non-exclusive rights to my work, but anyone who buys "exclusive" rights to the work must understand that the author still retains the moral right. Although you do have to be careful not to compete in business with the person you sold the rights too.
There is a big difference between "copyright" and moral rights to a work.
EcoDave
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