RE: Authors Rights

[Terry Cullen <tcullen@seattleu.edu>]

I think you are absolutely correct that "omnivourous" rights don't exist.

The problem as I see it is not one of publishers being able to enforce
claims to those rights, but rather the chilling effect they have on users.
Most end-users do not know that these claims are unenforceable.  The DO
know that there's a big splash screen in front of them saying "you can't
use this for X purpose without permission or payment to the publisher."

They don't know that the author and not the publisher is real owner of the
rights claimed, that the publisher doesn't pass on royalties for uses to
the authors, or that they are entitled to fair uses regardless of who owns
some or all of the enumerated rights.  They are going to believe that it
is illegal for them to use the materials without payment, except in a
manner acceptable to the publisher.

Terry Cullen, Esq.
Electronic Services Librarian
Seattle University School of Law Library
950 Broadway Plaza, Tacoma, WA  98402-4470
Email:  tcullen@seattleu.edu
Phone:  253-591-7092  FAX:  253-591-6313

On Wednesday, February 03, 1999 6:07 PM, Hamaker, Chuck 

> Re these "omnivourous rights" that authors are supposedly signing over to
> publishers: the Ryan v. Carl summary judgement of a piece of that case,
> makes it clear that at least from one judge's perspective, it is
> impossible to give or sign away non-specific, all encompassing rights. If
> it isn't enumerated, it probably doesn't exist. If it does exist and isn't
> enumerated, then the author probably retains it, even IF there is a
> sweeping statement. Just my 2 cents worth.
>
> Chuck Hamaker