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Subject: Re: So I contacted a lawyer today, Jeroen............

Author: Andrew Williams

Date: 01:32:00 05/04/02

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On May 03, 2002 at 20:10:23, Slater Wold wrote:

>On May 03, 2002 at 19:36:53, Andrew Williams wrote:
>
>>On May 03, 2002 at 17:13:59, Slater Wold wrote:
>>
>>>First of all, I want to state that I do NOT support and/or condone the stealing
>>>of others works for their own good.  If you want a good opening book, make your
>>>own.  Jeroen spent a LOT of time perfecting his book, and it IS his work, not
>>>anyone elses.  Don't be lazy.  Make your own.
>>>
>>>HOWEVER, in every case, there are 2 sides.  Each side has their arguement, and
>>>not always is someone clearly the winner of the arguement.  Remember, even the
>>>most cold-blooded killers get a defense in court, and who wants to defend
>>>someone who you KNOW is guilty?  Neverless, I take legal matters such as Robert
>>>Hyatt takes math and science.  You post a thread that 432423 + 234325 is
>>>somewhere around 66,000 and Hyatt's going to add them together, and give you an
>>>ACTUAL figure.  That's all I am doing here, giving an ACTUAL figure.
>>>
>>>
>>>The company I work for gives all its employees free legal representation.  While
>>>not all legal procedings are covered, all questions/research over the phone are.
>>> I called a "company" lawyer a few days ago and presented him with Jeroen's
>>>problem.  This is what he told me:
>>>
>>>1.)  If Jeroen has *ever* gotten paid 1 penny from Rebel, the books are not his.
>>> If Ed or Christophe have ever bought him dinner, given him any kind of reward
>>>and/or compensation, he has NO legal claim to his books.  This is a "for-hire"
>>>copyright, and according to US and International copyright laws, if you are
>>>compensated for something that recieves and/or is claimed under copyright laws,
>>>the copyright is not that of the creator, rather the person who paid for the
>>>work.
>>>
>>
>>I don't believe this. Rebel and Jeroen could come to *any* agreement they are
>>both happy with, and draw up a contract on that basis. That may mean that the
>>copyright for the books goes to Rebel, or it may mean that Jeroen retains the
>>copyright to his books. There's nothing automatic about it: it's based on the
>>contract that is drawn up. This is certainly true in the UK. I have in front of
>>me my contract of employment, which states that some things I produce belong to
>>me, and others belong to my employers. Further, it states:
>>
>> "The above sub-clauses [relating to who gets copyright to what]
>>  shall apply except where agreement to the contrary is reached
>>  between the employee and the [employer]."
>>
>>
>>Regards
>>
>>Andrew
>
>From the United States Copyright Office:
>
>Although the general rule is that the person who creates the work is its author,
>there is an exception to that principle; the exception is a work made for hire,
>which is a work prepared by an employee within the scope of his or her
>employment; or a work specially ordered or commissioned in certain specified
>circumstances. When a work qualifies as a work made for hire, the employer or
>commissioning party is considered to be the author.

This may apply if someone works without a written contract. If both parties have
agreed a contract, anything in the contract about copyright must supercede this.
In the case of Mr PostIt Notes, presumably he had nothing in *his* contract
about copyright. That's not to say that Jeroen doesn't.

Andrew



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