Re: Copyright: Form, Content, and Prepublication Incarnations

From: Peter D. Junger <junger_at_SAMSARA.LAW.CWRU.EDU>
Date: Fri, 9 Nov 2001 23:13:56 -0500

Joseph Pietro Riolo writes:

: If I publish your paper as my own, I am in violation of copyright
: in respect to the right to reproduce. It has nothing to do with
: authorship. If you grant me the permission to copy your paper
: without any restriction, I can copy your paper and publish it as
: my own work.

More precisely, under U.S. copyright law, if I make lots of copies
of your paper without your license, I will have violated your reproduction
right. If I distribute copies of your paper without your license that
you have not previously sold to me, I will have violated your distribution
right. But neither right has anything to do with who is named as the

If your paper is in the public domain and not subject to copyright or
if you have transferred the copyright to me then if I make or distribute
copies of the paper I will not have violated any provision of the
U.S. copyright law.

On the other hand, in the latter case, I will probably be liable under
state law under various legal theories that are not part of the copyright

Peter D. Junger--Case Western Reserve University Law School--Cleveland, OH
        NOTE: no longer exists
Received on Sat Nov 10 2001 - 04:15:40 GMT

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