SUO: Bob's Questions on copyright
At 00:47 2001-10-31 -0800, Robert Grayson Spillers wrote:
> Jim,
> Your responses show a remarkable lack of understanding of basic IP law. No one can legally give up their rights to any IP unless they do so explicitly. Although one can do so verbally (still it must be explicit), no company would accept a release unless it is in writing. Certain elements are required for any contract (copyright release or other contract) to be valid and what you (and Frank) describe does not contain the necessary elements.
>
> ...
> Who gave you the information about IEEE copyrights - particularly "work for hire"?
>
> Bob
Bob-
Like most of your claims (processes, procedures, Robert's Rules, etc.), this is another one where you "shoot from the hip" and don't properly understand/research your claims.
I've attached the excerpt below from the IEEE-SA Standards Board Operations Manual. The Chair, Jim Schoening, has made it very clear what the IEEE procedures are ... and he has been following them faithfully. (Actually, Jim has been doing better than that: the copyright statements are due at the *end* of the project, but Jim is getting them much earlier than required by the P&Ps.)
This kind of IP status (WG participation is "work for hire", etc.) is common in most accredited standards committees ... IEEE is no exception. I think if you were more familiar with standards work, you would recognize that this is normal practice.
-FF
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6. Copyright, trademark, and patents
6.1 Copyright
All IEEE standards are copyrighted by the IEEE under the provisions of the US Copyright Act.
6.1.1 Project Authorization Request (PAR)
As part of the initial PAR procedure, the committee or working group shall appoint a chair (or official reporter) who shall sign a Copyright Agreement acknowledging that the proposed standard constitutes a "work made for hire" as defined by the Copyright Act, and that as to any work not so defined, any rights or interest in the copyright to the standards publication is transferred to the IEEE. Except as noted below, the IEEE is the sole copyright owner of all material included in the standard.
At the time of PAR completion, any previously copyrighted material intended for inclusion shall be identified. The working group is responsible for receiving written permission to use all copyrighted material prior to RevCom submittal. Sample form letters are available in the IEEE Standards Style Manual.
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Frank Farance, Farance Inc. T: +1 212 486 4700 F: +1 212 759 1605
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