Re: [ImmoderateHeroQuest] An Issariues 'All"?

From: Julian Lord <jlord_at_9lJ0dlj0wvBj4fYuyEEACQcLKa3tJ0CI5nBrpN8KERbo_MDDdcZp5dy6v54prUANvkSvlA>
Date: Wed, 13 Apr 2005 20:22:19 +0200


John Hughes wrote:

>Jane quotes an Issaries licencing agreement:
>
>| "Issaries owns all right, title, and interest in and to the Proprietary
>| Material, and to any material derived from or incorporating the
>| Proprietary Material."
>
>I've seen this several times now.
>
>There has been much huffing and puffing on this and other lists, about
>Issaries wanting to claim only certain types of rights from Licencees (and
>from authors).
>
>I'd be really grasteful if the lawyers and informed on the list could
>explain how the "all" above really only means "some", wiithout any further
>elaboration in the Licence.
>
>

I'm no lawyer, but I can assure you that the terms "right", "title", "interest", "in", and "Proprietary Material" have precise legal definitions, and are not therefore unlimited in scope. The statements cannot be held to mean "All your myths and writings are belong to us.", because that would be seriously illegal and would invalidate the whole exercise. Of course, that cuts boyh ways... :(

>For Licencees of course, they have to first obtain such rights from
>contributors before they can give them to Issaries. Which given, UK European
>and Australian law, is (in my understanding as an editor) probably not
>possible.
>
>

Indeed, and the same in Frogland.

>'Please explain.'
>
>Confused from Kurri Kurri
>

Just as confused from Monte-Carlo (small world isn't it ?!? )            

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