PETERS added that often in copyright matters, rough justice is the
outcome, for example, in collective licensing, ASCAP (i.e., American
Society of Composers, Authors, and Publishers), and BMI (i.e., Broadcast
Music, Inc.), where it may seem that the big guys receive more than their
due. Of course, people ought not to copy a creative product without
paying for it; there should be some compensation. But the truth of the
world, and it is not a great truth, is that the big guy gets played on
the radio more frequently than the little guy, who has to do much more
until he becomes a big guy. That is true of every author, every
composer, everyone, and, unfortunately, is part of life.
Copyright always originates with the author, except in cases of works
made for hire. (Most software falls into this category.) When an author
sends his article to a journal, he has not relinquished copyright, though
he retains the right to relinquish it. The author receives absolutely
everything. The less prominent the author, the more leverage the
publisher will have in contract negotiations. In order to transfer the
rights, the author must sign an agreement giving them away.
In an electronic society, it is important to be able to license a writer
and work out deals. With regard to use of a work, it usually is much
easier when a publisher holds the rights. In an electronic era, a real
problem arises when one is digitizing and making information available.
PETERS referred again to electronic licensing clearinghouses. Copyright
ought to remain with the author, but as one moves forward globally in the
electronic arena, a middleman who can handle the various rights becomes
increasingly necessary.
The notion of copyright law is that it resides with the individual, but
in an on-line environment, where a work can be adapted and tinkered with
by many individuals, there is concern. If changes are authorized and
there is no agreement to the contrary, the person who changes a work owns
the changes. To put it another way, the person who acquires permission
to change a work technically will become the author and the owner, unless
some agreement to the contrary has been made. It is typical for the
original publisher to try to control all of the versions and all of the
uses. Copyright law always only sets up the boundaries. Anything can be
changed by contract.
******
SESSION VII. CONCLUSION
Public-domain text, read in full here on John Shaqi.
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