[OSGeo-Discuss] copyright question

[Bart van den Eijnden (OSGIS)]

Thanks all for this very informative thread!

Best regards,
Bart

P Kishor wrote:
> 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
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>
>
>   


-- 
Bart van den Eijnden
OSGIS, Open Source GIS
bartvde at osgis.nl
http://www.osgis.nl