Fw: Using magazine articles

----- Original Message -----
From: "Jonathon Stevens" <jon(at)3spadefx.com>
To: "Ivan Hoffman" <ivan(at)ivanhoffman.com>
Sent: Saturday, July 21, 2001 10:45 AM
Subject: Re: Using magazine articles


> > >Second, the author's permission is not what you need to shoot for.  The
> > >author doesn't own the work, the magazine does.
> >
> > Not always correct.  It depends on the relationship between author and
> > magazine.  Often the magazine is merely a print or other licensee.  What
> > you need to obtain is a license from the owner of the rights to grant to
> > you including appropriate representations and warranties and indemnities
> > from the licensor.
>
>     Usually correct.  My brother worked for a magazine and even with 'work
> for hire' work, the magazine still had to give permission for anything
that
> was copied out of it.
>
> > >  If you write 'copy' for a
> > >client's website, that 'copy' belongs to the company, not to you.
> >
> >
> > Not always so by any means.  It depends on the relationship again.
Without
> > a valid written transfer agreement, the creator of any copyrightable
work
> > owns all rights in it.
>
>     I'm not talking about writing an article for a website, I'm talking
> about writing information about the company, information about services,
> etc. for the company.  You wouldn't keep copyright on something like that
> unless you were being stupid about it, because it is of no value to you
> besides having something to hold over the heads of your clients.
>
> > Absolutely, totally, completely incorrect.  There is no fixed word limit
> at
> > all.  Read "Fair Use" on my site.  Click on "Articles for Writers and
> > Publishers."
>
>     Actually, it isn't absolutely, totally, or completely incorrect.
> aolsucks.com was sued by AOL for using their graphics, screenshots, AND
copy
> directly from their website.  AOL _lost_ because aolsucks.com was
critiqing
> AOL's services and they were under a certain number of quoted words. (the
> exact details are on the aolsucks.com website).  White Wolf Publishing is
> another example (white-wolf.com) where they were involved in a lawsuit
with
> a fan site that had a lot of information about a roleplaying book
published
> by White Wolf.  White Wolf _lost_ because the website had rephrased a lot
of
> the material and only copied the 'game system' part of it to the website
> (again, staying under a certain number of words).
>
>     I'm not a lawyer, but I know what I've seen happen.  I've also done a
> _lot_ of research in copyright law, especially on the internet and with
> software, so maybe you need to buy another book Ivan before you attack
what
> someone says without knowing for sure?
>
>     Jonathon Stevens
> 3spadeFX Productions
>

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