Skip to Content.
Sympa Menu

community_studios - [Community_studios] nonexclusive licensing an option?

community_studios AT lists.ibiblio.org

Subject: Discussion of all things related to Public Domain

List archive

Chronological Thread  
  • From: tom poe <tompoe AT renonevada.net>
  • To: "CommStudios" <community_studios AT lists.ibiblio.org>
  • Subject: [Community_studios] nonexclusive licensing an option?
  • Date: Tue, 2 Apr 2002 21:13:19 -0800

Hi: This from the White Paper:
http://www.uspto.gov/web/offices/com/doc/ipnii/ipnii.txt

A
nonexclusive licensee is not a copyright
owner and thus does not have standing to sue
for any infringement of the copyright in the
work by others.148 Unlike exclusive licenses,
nonexclusive licenses need not be in writing.149

148 See 17 U.S.C. ñ 501(b) (1988) ("legal or
beneficial owner of an exclusive right under
a copyright is entitled . . . to institute an
action for any infringement of that
particular right committed while he or she is
the owner of it"). In certain circumstances,
television broadcast stations and others are
treated as legal or beneficial owners and may
bring actions for infringement by cable
systems and satellite carriers. See 17
U.S.C. ñ 501(c), (d), (e) (1988).
149 However, like exclusive licenses,
nonexclusive licenses may be terminated 35
years after the effective date of the
license. See 17 U.S.C. ññ 203(a) (1988),
304(c) (1988 & Supp. V 1993).
-----------------------------------

We'll have to Shepardize this, but this might be a nice cornerstone. Ram's
work probably hits this thinking pretty dead on. Maybe he'll comment.
thanks,
Tom



  • [Community_studios] nonexclusive licensing an option?, tom poe, 04/03/2002

Archive powered by MHonArc 2.6.24.

Top of Page