Re: Mainline Modeler - Hundman Publishing - who really owns the copyright?


SUVCWORR@...
 

This can all be boiled down to Did you sell the copyright or only sell the limited use of copyrighted material?   The answer depends on the agreement you signed.  Let's move this to photographs something I an involved with everyday.   I am a partner is a photographic studio.  When we shoot a wedding our standard contract gives the bride and groom limited rights -- they may publish the photos on social media without transfering any right to anyone viewing the photos, they may have prints made by us or somewhere else for their personal use and use of their family,  they may not sell those prints to anyone nor may they edit, alter or otherwise change our work without purchasing the copyright.   We have never had anyone actually purchase the copyright as we charge $2500 per photograph for the edited file.  Beyond these limited uses we retain the copyright.   We also include a release in the contract that we can use any and all photographs for advertising, promoting our business, displaying on our website or any other use.

So what did you sign?  You own the copyright the moment the article is written.  Did you sign an agreement selling all rights?  Did you only agree to let them publish it?  Are you bound by a time limit from publishing the material elsewhere or bound forever?  Did you agree to let them edit the article?  Do you have any rights with regard to the editing in the agreement?  Does you agreement allow the publisher to further publish the material in compendium or book of reprinted articles?

You need to read the agreement and if you do not agree to its terms say so before you sign it.

The one thing you do not own is the layout.  Even if you own the article and all the photographs, drawings, charts etc the publisher owns the layout.  It is their artistic employees and editors who design they layout.  This will prevent you from simply copying the article and reprinting it even if you are the author.

Rich Orr


-----Original Message-----
From: martiny@... [STMFC]
To: STMFC
Sent: Thu, Jun 15, 2017 10:33 pm
Subject: Re: [STMFC] Mainline Modeler - Hundman Publishing - who really owns the copyright?

I have been reading this thread with interest but the answer still seems murky. But then that could be because the law is flexible. So let me ask a question and hopefully there is a clear answer. Let us say that I wrote an article for a current publication (which I have and am waiting for it to be published).

Do I retain the copyright or does that vary between magazines? If I retain the copyright then in theory I could submit the article to another magazine right now for publication. That, to me, seems unethical and probably would cause me to not have any future articles to be considered. Not a very good idea. If I retain the copyright then it would appear that after a reasonable amount of time, I could update the article and publish it again. But I am more interested in the next question.

Which copyright supersedes article ownership? Is it the magazine you first published in or the company that the magazine reassigned all articles to? The second company could be more strict on articles they own and not allow the author access to anything he wrote. Perhaps even publish the article again without asking permission or possibly not reimbursing the original author.

This has possibly been settled a courtroom already.

Marty
San Diego, CA

---- "Al Kresse water.kresse@... [STMFC]" <STMFC@...> wrote:
> Do not assume anything. Ask a general question to C&O HS folks to get Bob's Hundman's intent. C&O HS rates ease of sharing railroad knowledge as their top priority. I would GUESS not-for-profits just need to ask.
>
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> I don't have first hand knowledge of the agreement.
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> Al
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> > On June 15, 2017 at 2:20 PM "rxensen@... [STMFC]" <STMFC@...> wrote:
> >
> >
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> > That is an interesting change as Bob and I spoke several years ago about C&NW articles and at the time he gave the society verbal permission to use any C&NW article needed for the CNWHS Modeler.
> >
> > Per your statement we now have to ask the C&O society?
> > Ron Christensen
> >
> >
> >
> >
> >
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> >



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Posted by: <martiny@...>
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