Not true in the UK or most European regimes. The author's moral rights will
have been infringed and in Continental Europe these are often inalienable
rights which cannot be signed away.
Graham Cornish
British Library
Graham.Cornish_at_bl.uk
-----Original Message-----
From: Peter D. Junger [mailto:junger_at_SAMSARA.LAW.CWRU.EDU]
Sent: 10 November 2001 04:14
To: AMERICAN-SCIENTIST-OPEN-ACCESS-FORUM_at_LISTSERVER.SIGMAXI.ORG
Subject: Re: Copyright: Form, Content, and Prepublication Incarnations
Joseph Pietro Riolo writes:
: If I publish your paper as my own, I am in violation of copyright
: in respect to the right to reproduce. It has nothing to do with
: authorship. If you grant me the permission to copy your paper
: without any restriction, I can copy your paper and publish it as
: my own work.
More precisely, under U.S. copyright law, if I make lots of copies
of your paper without your license, I will have violated your reproduction
right. If I distribute copies of your paper without your license that
you have not previously sold to me, I will have violated your distribution
right. But neither right has anything to do with who is named as the
author.
If your paper is in the public domain and not subject to copyright or
if you have transferred the copyright to me then if I make or distribute
copies of the paper I will not have violated any provision of the
U.S. copyright law.
On the other hand, in the latter case, I will probably be liable under
state law under various legal theories that are not part of the copyright
law.
--
Peter D. Junger--Case Western Reserve University Law School--Cleveland, OH
EMAIL: junger_at_samsara.law.cwru.edu URL: http://samsara.law.cwru.edu
NOTE: junger_at_pdj2-ra.f-remote.cwru.edu no longer exists
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Received on Mon Nov 12 2001 - 11:03:12 GMT