Thread: Plagiarism
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Will
 
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No. It is not "Just Canada". These are issues resolve in _International
Treaties_ - otherwise Microsoft could not sue people in other countries
for ripping off "MS Windows" for eg.

Get a copy of the international treaties relating to copyright, and
check an applicable American Law book if you really do need to know.

The next paragraph is actually relevant...
In the British Commonwealth system, case law can also be used from the
lower courts. In the American system the appellate courts set the
standard. So... particularly in the commonwealth and European countries
a body of case law has accumulated supporting "moral rights". These laws
have become part of the treaties.

Programmers have successfully sued companies and insisted that code be
returned to what is was prior to "Quality Assurance" improving it... LOL

If you hire creative types without both parties agreeing that the deal
includes, copyright, patent rights, moral rights etc... You may not
actually _fully_ own the material for which you have paid. This includes
people who create pictures, (photographers, painters, sculptors) and
people who create written works (stories, technical manuals, contracts,
computer programs, procedure manuals).

I have written and negotiated a number of these contracts and have
tested them in court - unfortunately (for the other party).

Understanding these rights can save a lot of time as you know what the
boundaries are -- and how to prevent misunderstandings.

Someone asked - "Could they break it with a hammer ..."... ???

Not and re-display it as art!

....Since it would in effect be a misrepresentation of the artists work.
(Unless they specifically via forethought had purchased the work with
"moral rights".)

Can they smash it just before throwing it out or burning it or grinding
it to bits -- YES! And they can do that because they own the work. they
do not own the rights to "change the work".

That is to say, without "moral rights" they cannot change the work
without the artists written (contractual) agreement.

Hope that helps...

If any of these are issues for you or anyone else reading this -- see a
lawyer. As they will (should) advise you -- any court looks at _all the
circumstances_ -- at least as they are able. However, I strongly
recommend that you learn everything you can before you go and set
realistic expectations. Lawyers competent in IP law are expensive. Make
sure you know what you want and can put it in writing. ...Or expect a
_large_ invoice.

USA is a signatory to these International Treaties - not that they
always pay attention to treaties they have signed.



Owen Lowe wrote:
In article ,
Will wrote:


Unless you bought the moral rights. :-)



Will, I've not heard the term "moral rights" before reading your replies
in this discussion. Is this a Canadian term? I don't believe it's
something in the US copyright terms.


--
Will
Occasional Techno-geek