While I am doing this,JLM,are you saying that if the requirement of "in writing and signed" is overridden by that act (electronic signature act) the owner’s exclusive rights may be transferred? Or not?
As much as I understood it was said those exclusive rights can not be transferred absent "in writing and signed".I think
I think it was also said,as I understand,that with giving exclusive license (which is different than transfer of ownership) the licensee becomes "owner" only of the rights in the work that have been granted by the copyright owner under the license and the licensee does not take ownership of the copyright itself.
But then I think it was said,as I understand,again,I might not understood correctly,that the exclusive license to rights in a copyright must also be in writing and signed by the copyright holder to be valid.
(sorry if I misunderstood)
What I didn't get is,when any transfer of copyright "right" is deemed valid,absent the requirement "in writing and signed" form ?
I think it was said that If, therefore, you publish works on web site and the TOS says that whatever is posted on the site becomes the property of the site ownerr, you have effectively given away some rights of said work, to the site, but you have not given away any exclusive rights or transferred the ownership of the work ....so ,as much as I can understand,in essence one is granting a license web site to use said work ,and then I think it was said,- "under the terms outlined in the terms and conditions of the site" here I was confused because....we were talking about TOS that states...in summary...every copyright you post here we own it....
So ,how can we say,on one hand that one is granting a license web site to use said work , "under the terms outlined in the terms and conditions of the site",whenthe TOS of the site states....you post it we own it....and also ,in the same time ,say,to transfer the ownership of a copyright in a work, the transfer must be in writing, must be signed by the original copyright owner, and must be an exclusive transfer of all rights in the work ?
So,how did poster agree with the tos?on thoseterms/conditions?
Did he? Or didn't he agree on thoseTOS?
What are the "some rights"?
( sorry ..my brain will explode ....
too much for me to understand...I think I reached a wall or something )
As much as I understood it was said those exclusive rights can not be transferred absent "in writing and signed".I think
I think it was also said,as I understand,that with giving exclusive license (which is different than transfer of ownership) the licensee becomes "owner" only of the rights in the work that have been granted by the copyright owner under the license and the licensee does not take ownership of the copyright itself.
But then I think it was said,as I understand,again,I might not understood correctly,that the exclusive license to rights in a copyright must also be in writing and signed by the copyright holder to be valid.
(sorry if I misunderstood)
What I didn't get is,when any transfer of copyright "right" is deemed valid,absent the requirement "in writing and signed" form ?
I think it was said that If, therefore, you publish works on web site and the TOS says that whatever is posted on the site becomes the property of the site ownerr, you have effectively given away some rights of said work, to the site, but you have not given away any exclusive rights or transferred the ownership of the work ....so ,as much as I can understand,in essence one is granting a license web site to use said work ,and then I think it was said,- "under the terms outlined in the terms and conditions of the site" here I was confused because....we were talking about TOS that states...in summary...every copyright you post here we own it....
So ,how can we say,on one hand that one is granting a license web site to use said work , "under the terms outlined in the terms and conditions of the site",whenthe TOS of the site states....you post it we own it....and also ,in the same time ,say,to transfer the ownership of a copyright in a work, the transfer must be in writing, must be signed by the original copyright owner, and must be an exclusive transfer of all rights in the work ?
So,how did poster agree with the tos?on thoseterms/conditions?
Did he? Or didn't he agree on thoseTOS?
What are the "some rights"?
( sorry ..my brain will explode ....
too much for me to understand...I think I reached a wall or something )
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