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Re: Ray Bradbury and his issue with technology

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Lawrence Watt-Evans <misenchantedpress@gmail.com> wrote in
news:0tfdhdt493u3a72at2rl73dabe5r6jg2iq@reader80.eternal-september.
org: 

> On Tue, 05 Jun 2018 09:16:54 -0700, Jibini Kula Tumbili
> Kujisalimisha <taustinca@gmail.com> wrote:
> 
>>Quadibloc <jsavard@ecn.ab.ca> wrote in
>>news:2e9eb3e3-638d-4bec-8b1e-69b59fec5ddf@googlegroups.com: 
>>
>>> On Tuesday, June 5, 2018 at 8:52:55 AM UTC-6, D B Davis wrote:
>>> 
>>>> Indeed. Regardless, it's my suspicion that my magazine
>>>> publishers own the copyright on the articles that they paid
>>>> me to write. 
>>> 
>>> Usually, they do. It does depend on the author's contract
>>> terms; some of the more popular ones could obtain more
>>> favorable terms. 
> 
> That part's more or less correct, amazingly enough.  In the U.S.
> there are two categories of publishing contract:  standard and
> work-made-for-hire.  With the former, the author owns the
> copyright; with the latter, the publisher does.
> 
> Popularity is irrelevant, though, and it's an either/or
> situation -- it's work-made-for-hire or it isn't, full stop. 
> There are actually several rules about what can be WMFH (e.g.,
> the contract must be signed before the final version is
> written), but they're often ignored.

Popularity (of the author, and, I suppose, of the publication) will 
only affect the odds of which contract gets signed. And the size of 
the check, of course.
> 
> (I know it's usually called "work for hire," but the law calls
> it "work-made-for-hire.")

Noted.
> 
>>> However, for copyright purposes, it doesn't matter who owns
>>> the copyright, it matters who the author is. Copyright is
>>> either the life of the author + X years, or Y years for
>>> *institutional* works, where there is no single author. A
>>> story doesn't become an institutional work simply because the
>>> entire copyright, rather than just first serial rights, was
>>> sold to a magazine. 
>>>
>>I have doubt about that in Canada, but you're certainly wrong
>>(as usual) for the United States. Institutional copyright under
>>work for hire belongs to the company, regardless of how many
>>authors there were, and the term is determined as such, not
>>based on author's life. 
> 
> He may have somehow muddled droit morale with copyright.  In the
> U.S. droit morale has no legal existence, but in Canada it gives
> the author certain rights regardless of who owns the copyright
> -- mostly the right to refuse to allow changes the author finds
> unacceptable, or publication in a venue the author finds morally
> offensive. 

It's also possible he's correct about Canadian law, no matter how 
unlikely it seems. (I mean, just because it never *has* happened 
doesn't mean it never *could*. It's not like he's Shawn Wilson or 
something.)
> 
> Or possibly he thinks you can sell a copyright outright after
> the fact.  You can't.  You can sell all existing rights, but not
> the copyright itself.  If the author sells all rights, then the
> magazine has complete control of the work, but the copyright
> still belongs to the author and still expires seventy years
> after his death. 
> 
> But generally, most magazines don't buy all rights, because why
> should they?

I think it's rather more a matter of "most authors don't *sell* all 
the right, because why should they?" Most magazines would 
cheerfully buy the author's children as organ donors if they could 
get them for the same price. (And many feel they *have* bought the 
authors' souls, as I'm sure you are aware.)

-- 
Terry Austin

Vacation photos from Iceland: 
https://plus.google.com/u/0/collection/QaXQkB

"Terry Austin: like the polio vaccine, only with more asshole."
    -- David Bilek

Jesus forgives sinners, not criminals.

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Ray Bradbury and his issue with technology David Johnston <davidjohnston29@yahoo.com> - 2018-04-28 13:01 -0600
  Re: Ray Bradbury and his issue with technology D B Davis <g@crcomp.net> - 2018-04-29 12:24 +0000
    Re: Ray Bradbury and his issue with technology Lawrence Watt-Evans <misenchantedpress@gmail.com> - 2018-04-29 14:35 -0400
      Re: Ray Bradbury and his issue with technology David Johnston <davidjohnston29@yahoo.com> - 2018-04-29 12:41 -0600
      Re: Ray Bradbury and his issue with technology Quadibloc <jsavard@ecn.ab.ca> - 2018-04-29 13:05 -0700
      Re: Ray Bradbury and his issue with technology Quadibloc <jsavard@ecn.ab.ca> - 2018-04-29 14:08 -0700
        Re: Ray Bradbury and his issue with technology Robert Carnegie <rja.carnegie@excite.com> - 2018-04-29 14:28 -0700
          Re: Ray Bradbury and his issue with technology D B Davis <g@crcomp.net> - 2018-04-29 21:47 +0000
      Re: Ray Bradbury and his issue with technology djheydt@kithrup.com (Dorothy J Heydt) - 2018-04-29 20:51 +0000
        Re: Ray Bradbury and his issue with technology Quadibloc <jsavard@ecn.ab.ca> - 2018-04-29 14:23 -0700
          Re: Ray Bradbury and his issue with technology J. Clarke <jclarke.873638@gmail.com> - 2018-04-29 17:48 -0400
          Re: Ray Bradbury and his issue with technology David Johnston <davidjohnston29@yahoo.com> - 2018-04-29 16:08 -0600
            Re: Ray Bradbury and his issue with technology Titus G <noone@nowhere.com> - 2018-04-30 14:21 +1200
          Re: Ray Bradbury and his issue with technology David DeLaney <daviddelaney@earthlink.net> - 2018-04-30 03:46 -0500
            Re: Ray Bradbury and his issue with technology Quadibloc <jsavard@ecn.ab.ca> - 2018-04-30 06:52 -0700
              Re: Ray Bradbury and his issue with technology djheydt@kithrup.com (Dorothy J Heydt) - 2018-04-30 14:12 +0000
                Re: Ray Bradbury and his issue with technology Quadibloc <jsavard@ecn.ab.ca> - 2018-04-30 10:28 -0700
              Re: Ray Bradbury and his issue with technology David Johnston <davidjohnston29@yahoo.com> - 2018-04-30 10:10 -0600
                Re: Ray Bradbury and his issue with technology ted@loft.tnolan.com (Ted Nolan <tednolan>) - 2018-04-30 16:24 +0000
                Re: Ray Bradbury and his issue with technology Kevrob <kevrob@my-deja.com> - 2018-04-30 10:41 -0700
                Re: Ray Bradbury and his issue with technology David Johnston <davidjohnston29@yahoo.com> - 2018-04-30 12:27 -0600
                Re: Ray Bradbury and his issue with technology Kevrob <kevrob@my-deja.com> - 2018-04-30 13:03 -0700
                Re: Ray Bradbury and his issue with technology Jibini Kula Tumbili Kujisalimisha <taustinca@gmail.com> - 2018-04-30 15:46 -0700
                Re: Ray Bradbury and his issue with technology Moriarty <blues95@ivillage.com> - 2018-04-30 18:17 -0700
                Re: Ray Bradbury and his issue with technology Dimensional Traveler <dtravel@sonic.net> - 2018-04-30 21:01 -0700
                Re: Ray Bradbury and his issue with technology Greg Goss <gossg@gossg.org> - 2018-05-01 19:18 -0600
                Re: Ray Bradbury and his issue with technology J. Clarke <jclarke.873638@gmail.com> - 2018-05-01 22:25 -0400
                Re: Ray Bradbury and his issue with technology djheydt@kithrup.com (Dorothy J Heydt) - 2018-05-02 02:01 +0000
                Re: Ray Bradbury and his issue with technology Lawrence Watt-Evans <misenchantedpress@gmail.com> - 2018-05-02 03:07 -0400
                Re: Ray Bradbury and his issue with technology djheydt@kithrup.com (Dorothy J Heydt) - 2018-05-02 13:28 +0000
                Re: Ray Bradbury and his issue with technology Quadibloc <jsavard@ecn.ab.ca> - 2018-05-02 07:45 -0700
                Re: Ray Bradbury and his issue with technology djheydt@kithrup.com (Dorothy J Heydt) - 2018-05-02 14:51 +0000
                Re: Ray Bradbury and his issue with technology Joy Beeson <jbeeson@invalid.net.invalid> - 2018-05-09 00:04 -0300
                Re: Ray Bradbury and his issue with technology ted@loft.tnolan.com (Ted Nolan <tednolan>) - 2018-05-09 04:09 +0000
                Re: Ray Bradbury and his issue with technology D B Davis <g@crcomp.net> - 2018-06-04 00:06 +0000
                Re: Ray Bradbury and his issue with technology Robert Carnegie <rja.carnegie@excite.com> - 2018-06-05 02:27 -0700
                Re: Ray Bradbury and his issue with technology D B Davis <g@crcomp.net> - 2018-06-05 12:50 +0000
                Re: Ray Bradbury and his issue with technology Quadibloc <jsavard@ecn.ab.ca> - 2018-06-05 06:53 -0700
                Re: Ray Bradbury and his issue with technology D B Davis <g@crcomp.net> - 2018-06-05 14:52 +0000
                Re: Ray Bradbury and his issue with technology Quadibloc <jsavard@ecn.ab.ca> - 2018-06-05 09:00 -0700
                Re: Ray Bradbury and his issue with technology Jibini Kula Tumbili Kujisalimisha <taustinca@gmail.com> - 2018-06-05 09:16 -0700
                Re: Ray Bradbury and his issue with technology Lawrence Watt-Evans <misenchantedpress@gmail.com> - 2018-06-05 13:07 -0400
                Re: Ray Bradbury and his issue with technology Jibini Kula Tumbili Kujisalimisha <taustinca@gmail.com> - 2018-06-05 11:13 -0700
                Re: Ray Bradbury and his issue with technology Lawrence Watt-Evans <misenchantedpress@gmail.com> - 2018-06-05 15:01 -0400
                Re: Ray Bradbury and his issue with technology Quadibloc <jsavard@ecn.ab.ca> - 2018-06-05 19:05 -0700
                Re: Ray Bradbury and his issue with technology Ninapenda Jibini <taustinca@gmail.com> - 2018-06-06 02:39 +0000
                Re: Ray Bradbury and his issue with technology Lawrence Watt-Evans <misenchantedpress@gmail.com> - 2018-06-06 02:30 -0400
                Re: Ray Bradbury and his issue with technology Jack Bohn <jack.bohn64@gmail.com> - 2018-05-02 09:06 -0700
                Re: Ray Bradbury and his issue with technology Quadibloc <jsavard@ecn.ab.ca> - 2018-05-02 09:30 -0700
                Re: Ray Bradbury and his issue with technology William Hyde <wthyde1953@gmail.com> - 2018-05-02 12:41 -0700
                Re: Ray Bradbury and his issue with technology jdnicoll@panix.com (James Nicoll) - 2018-05-02 20:33 +0000
                Re: Ray Bradbury and his issue with technology Johnny1A <johnny1a.again@gmail.com> - 2018-05-16 22:06 -0700
                Re: Ray Bradbury and his issue with technology "Default User" <defaultuserbr@yahoo.com> - 2018-05-03 00:19 +0000
        Re: Ray Bradbury and his issue with technology Lawrence Watt-Evans <misenchantedpress@gmail.com> - 2018-04-30 02:34 -0400
          Re: Ray Bradbury and his issue with technology Jack Bohn <jack.bohn64@gmail.com> - 2018-04-30 05:36 -0700
            Re: Ray Bradbury and his issue with technology djheydt@kithrup.com (Dorothy J Heydt) - 2018-04-30 13:47 +0000
            Re: Ray Bradbury and his issue with technology Lawrence Watt-Evans <misenchantedpress@gmail.com> - 2018-04-30 12:29 -0400
          Re: Ray Bradbury and his issue with technology djheydt@kithrup.com (Dorothy J Heydt) - 2018-04-30 13:30 +0000
            Re: Ray Bradbury and his issue with technology D B Davis <g@crcomp.net> - 2018-04-30 16:09 +0000
      Re: Ray Bradbury and his issue with technology D B Davis <g@crcomp.net> - 2018-04-29 21:29 +0000
        Re: Ray Bradbury and his issue with technology Lawrence Watt-Evans <misenchantedpress@gmail.com> - 2018-04-30 02:35 -0400
      Re: Ray Bradbury and his issue with technology David DeLaney <daviddelaney@earthlink.net> - 2018-04-30 03:43 -0500
        Re: Ray Bradbury and his issue with technology Robert Carnegie <rja.carnegie@excite.com> - 2018-04-30 02:00 -0700
        Re: Ray Bradbury and his issue with technology Jack Bohn <jack.bohn64@gmail.com> - 2018-04-30 06:59 -0700
  Re: Ray Bradbury and his issue with technology Robert Carnegie <rja.carnegie@excite.com> - 2018-04-29 06:21 -0700
    Re: Ray Bradbury and his issue with technology djheydt@kithrup.com (Dorothy J Heydt) - 2018-04-29 15:24 +0000
  Re: Ray Bradbury and his issue with technology Quadibloc <jsavard@ecn.ab.ca> - 2018-04-29 14:06 -0700

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