[OSGeo-Discuss] copyright question

[P Kishor]

On Tue, Dec 9, 2008 at 2:33 PM, Frank Warmerdam <warmerdam at pobox.com> wrote:
> P Kishor wrote:
>>
>> Any right is only as good as its defense in the court. Just because
>> reputable IP lawyers may draft copyright assignments in works that
>> don't yet exist doesn't mean that actual copyrights in those works
>> exist.
>
> Puneet,
>
> I don't claim that the copyright exists before the thing being
> copyrighted exists.  Only that it is possible to write a contract
> that grants that copyright in advance of it actually existing.
> The actual assignment for each chunk presumably takes place as
> it is created and the copyright comes into existance.
>
> I am doubtful that this tangent is really important to the question of
> whether these folks can assign the copyright of their work-to-come to
> OSGeo.
>

Yes, you are correct in stating that a contract can be written
granting rights in one's future work to someone else. That is how
"work-for-hire" works, for example.

You and I were indeed talking slightly past each other. I interpreted
Bart's question at face value -- can "OsGeo to take copyright for a
project which yet has to form." The answer is "no." There are no
rights yet, so nothing can be taken. On the other hand, can a creator
of a work give up one's rights in future work to OSGeo? Sure, based on
a contract, one can.

Regards,

--
Puneet Kishor