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

Author: Marc van Hal

Date: 04:48:16 05/04/02

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On May 04, 2002 at 04:22:25, Jeroen Noomen wrote:

>On May 03, 2002 at 20:10:23, Slater Wold wrote:
>
>As I told you I am not an employee of the Rebel company. So the rule given below
>doesnot apply to me.
>
>So it would be interesting to state what happens in the following case: Somebody
>(I am not talking about myself, but in general) likes to make openingbooks and
>gives this to the programmer of a well known chess program. What does the
>copyright law says about this? Who is the owner of the book, who owns the
>copyright?
>
>Jeroen

I am prety intrested in this answer too?
Though acording my feeling of rightesnes you might own a 1000 copyrights the
original author (with some proof)keeps the rights.
And where are we talking about then?
Just refering to an openingsbook most opening lines (fully analyzed) and some
chesspublishers who brought out a ripped version of your work with the name of a
GM written over it.
Though some times I doubt if the so called author actualy has investigated some
time to check that work.


It looks a litle like the case Microsoft lost (with the diference that my work
is not officaly copyrighted yet.)
MSAV Microsoft Anti Virus originaly was a ripped version of CPAV Central Point
Anti Virus.
And Microsoft had to compisate them and it had to be taken out of MSDOS.
Refering to the latest version of it .
I believe it was MSDOS 6.22

But working for hire does not mean that you do not own the copyrights
It indeed depends on the contract.


Regards Marc van Hal
>
>
>>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.



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