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Re: Opinion please....

  • To: Multiple recipients of list <iris-l@rt66.com>
  • Subject: Re: Opinion please....
  • From: "Albert F. Limberg" <campconn@pacbell.net>
  • Date: Mon, 29 Sep 1997 18:56:09 -0600 (MDT)

John I. Jones wrote:
> Irisborer@aol.com wrote:
> >
> > My questions are on a policy for such a tape:
> >
> > 1.  Who owns such a tape?  The club who sponsored the speaker or the speaker?
> > 2.  What do other clubs do when a tape is made?  I suggested loaning it
> > freely within our club and renting it outside the club.
> >
> > This particular speaker is very kind and generous and he is not the problem..
> > however, he has raised the question because he believes a policy should be
> > put in place.

I'll join John Jones in inserting foot but with one slight advantage . .
. having been there.

Who owns the tape may be determined by whether the speaker was paid for
the presentation or not.

John is correct about the copyrights belonging to the speaker.  The
presentation should not have been taped without the prior permission of
the speaker but now that the deed is done the club should cover its
posterior with a copyright agreement with the speaker.

An artist retains copyrights even after selling a work of art.  In order
for the copoyright to transfer the buyer must also purchase the
copyright along with the work of art.  This is a complicated process but
there are several do-it-yourself and self-help packages available.  Best
bet is to talk to a copyright lawyer, a highly specialized field.

All original works of art are inherently copyrighted . . . with or
without the copyright symbol.  If the work is "registered" then the
Copyright Office may help with enforcement.  If not then the artist must
pursue remedies on his or her own.

The area of intellection property law is a true morass.  Criminal
penalties for copyright violations begin at $10,000.  Civil remedies
available to the owner of the intellectual property can be immense.

BEST BET:  Talk to a lawyer who specializes in this area of law.

Al Limberg
Concord, CA

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