Copyright and Rita Skeeter
Matt
hpfanmatt at gmx.net
Tue Oct 21 16:42:44 UTC 2003
No: HPFGUIDX 83257
--- Caipora wrote:
>
> Based on my limited RL experience - only once
> has anything I've written been printed in a
> vehicle with a circulation over a million -
> when you write you sell the copyright. Then
> they do with it what they will. I've seen
> things of mine on the Internet, presumably
> with permission of they copyright owner, who
> didn't ask my approval.
>
> [snip discussion re: work for hire]
>
> The Skeeter/Lovegood/Prophet arrangement seems
> perfectly normal.
This is getting a bit off-topic, but the typical
arrangement for publication in a periodical --
at least by a correspondent such as Rita -- is
a license for publication in that particular
issue, not a sale of the copyright or a work-
for-hire relationship. (Indeed, since Rita is
not an employee of the Quibbler, she can't make
a work for hire in the sense that term has
historically been used in RW copyright law;
it would be different if she were a staff
writer.)
As a result, Sue (post #83035) is correct in
suggesting that the Quibbler would not (again
applying RW custom and legal principles) have
the right to relicense for publication in a
different periodical. There have even been
disputes in the US, recently, as to whether a
journal can republish its print issue in an
online format without obtaining an additional
license from the article authors.
Caipora, your experience may be different if
you made a work for hire or sold your entire
copyright. Or, alternatively, maybe you should
be asking your licensee for compensation for
those Internet pieces.... :)
-- Matt
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