Comment by francisdavey
11 hours ago
You license your contributions under an open licence. You don't give up your copyright. There would be no other sensible way to operate a collaborative encyclopedia without a license of this kind.
I (lawyer) have never encountered a jurisdiction where a contractor could not license their work under the contract with their employer (the person contracting them).
There are some non-divestable rights out there. Canada (and others) have a copyright concept of moral rights that cannot be given away by contract or, in other words, nobody can ever force someone to give them away. An artist/creator can decide to not exercise them but the artist/creator retains them regardless of contract language.
>> Unlike other IP rights, moral rights cannot be sold or given away. Even in the case of a sale, an author retains their moral rights in the work, unless they choose to waive these rights.
https://ised-isde.canada.ca/site/canadian-intellectual-prope...
I was thinking about this as they were covering up murals and stadium names for the world cup. Canada doesnt really do that, but canadian stadiums are not generally named after tech companies (ie BC Place got to keep its name).
How is the right non-divestable if you can waive it? More importantly, how could wikipedia possibly work if contributors retained copyright in any form over their submitted articles and edits?
> More importantly, how could wikipedia possibly work if contributors retained copyright in any form over their submitted articles and edits?
Note, the cc-by-sa 4.0 license that wikipedia uses requires you to waive any moral rights to the extent possible. In canada if you are the creator of the work, then you can waive all of them, so its really a moot point. https://creativecommons.org/licenses/by-sa/4.0/legalcode.en
In general though, moral rights tend to be the sort of thing where they only come into play if you're being an asshole, so it mostly doesn't matter.
It seems to be a somewhat murky area of law. In Europe (and, I guess Canada) you can't really have public domain because of moral rights that you can't waive. IANAL but I've talked with IP lawyers about this and they've been sortof "Yes this is often kinda true." So the broad public domain that is generally true of the US government and which individuals can release in the US isn't really true in Europe as I understand it.
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The only legal way to waive copyright rights, is to hire an employee to produce the work. Individual contributors are not cogs in a machine, employees are!
And if someone produced work for 15 years, and edited 10000 articles... very hard to argue it is not permanent worker!
Wikipedia can easily work as "marketplace of ideas", linking original authors. That is not possible if you have editorial policy, political opinions and work like a corporation or a news paper.
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