Steve Coker wrote:
A copyright, if one exists, belongs to the author of the work.  Unless the
author has given or sold it to someone else.  Or, unless the author created
the work for an employer.  In which case the employer owns the copyright, if
it exists.  The copyright of a work does not belong to the publisher, the
reader, the distributor, or anyone else.

I beg to differ with Steve on the last sentence above. Having worked in music
publishing I have some knowledge of copyright ownership issues. Generally
speaking when a writer wants to publish his/her work part of the deal that is
worked out with a publisher pertains to copyright ownership. This may not
apply to written works but does apply to music and I would assume that there
would be similar arrangements.

Writers/Authors of works do not usually want to be the party responsible for
administering the copyright so they work out a deal with the publisher to
administer the copyright which would include filing all the necessary papers,
etc. with the Copyright Office, granting rights to use the copyright (i.e.,
printing or distributing copies, licenses to use the material(s), etc.).
Usually this would, in our industry, giving the publisher a percentage of the
"ownership". In some cases, we owned 50% of the copyright of some songs,
others less. A writer could also choose to only grant "administrator" rights
to a publisher.

As the publisher and administrator of the copyright, we would be the contact
point for anyone wishing to use our material. We would grant the rights for
use, set the fee involved, collect the money and divide the profits. We had a
large department completely devoted to copyright complete with every song we
owned/administered in print and actual recorded copy. We also would be the
party responsible for suing for copyright infringement. 

Copyright is incredibly complicated and simple all at the same time. The
bottom line is: if you are going to make money or if your use of the
copywritten material will impede the owner from making money then you are
infringing upon the owner(s) rights and can be sued. Just as if you borrow
your neighbor's lawnmower and then sell it to someone else without his
permission it would be considered stealing someone else's property.

While we are on the subject, unless something has changed dramatically since I
worked in music publishing, the "self-copyright" of mailing something to
yourself doesn't work either. You must file all appropriate papers with the
Copyright Office to have something truly copywritten and protected under law.


Kathi Jones-Hudson
Truly Genealogy Addicted
http://www.geocities.com/Heartland/Fields/4395
Snowglobes
http://www.members.tripod.com/MdKat/index.html


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