SC - OT: Web copyright -- can Earthlink use my material?

[KallipygosRed@aol.com]

- ----- Original Message -----
From: Lady Brighid ni Chiarain

> I assumed that a website that came with a paid Internet account
> would be different, and that the material on it would remain under my
> control and ownership.

My Lady suggests that you should really get some legal advice on this one,
but these are her initial comments (no, she doesn't have a legal
background - but she is a programmer and thus interested in these issues
herself ):

Yes, it does sound as though you are giving them the right to publish
without attribution and to say that they can make derivative works probably
means that they are not limited to on-line media.  They could, for instance,
make a movie or Broadway musical - or translate it into Italian! - (forgive
me, I am typing from dictation and she has a warped sense of humour!) based
on your work, without paying royalties or giving attribution.

The only exception would be if the copyright was not yours to surrender.  As
you probably know, the text of the original manuscript is in the public
domain but you do own the copyright to your translation (a derivative work).
Posting your work to the Earthlink site is like sending it unsolicited to a
magazine - depending on  their policies, you can lose control over your work
this way too..

Now, if you want to do this translation for profit as well as fun (!!!),
publishing for no pay to magazines or e forums is not a bad way to get
known.  Her advice to make this work for you, is to only publish a
tantalising extract in that forum and see how many bites you get.  Many
technical writers in print get their start this way.  Obviously, it would
mean that you risked losing control over the extract but you would keep the
rest of your work safe for future, paid, publication.

Obviously, the legal issue of whether they actually have the right to make
this statement is not something she is able to address - not being a lawyer
and not knowing the laws in your part of the world.  It may be that they are
way out of line, but it could well take a very expensive lawyer/law suit to
prove this.

Gwynydd