[Foundation-l] Good example; The works of Charles Darwin freed :)

Ray Saintonge saintonge at telus.net
Sat Oct 21 14:25:40 UTC 2006

geni wrote:

>On 10/20/06, Ray Saintonge <saintonge at telus.net> wrote:
>>Links would be enough.
Thanks.  I wonder how much of it is enforceable.  Of course it only 
relates to film and videos.  It does not appear to cover text or still 

For specific observations: the Museum copyrights in 3.1 would not 
operate to restore copyrights that had already expired.  Section 3.6 
assigning one's own copyrights to the IWM seems to be way over the top.

A common problem with a lot of these kinds of conditions is that they 
are seldom enforced strictly, and contain more bark than bite.  Any real 
argument always needs to involve specific circumstances.  To the extent 
that it is a contract rather than a statute it cannot directly bind 
third parties.  The contract may require you to bind end-users to the 
contract, but if you fail to do so they can only go after you.  Any 
actions that they may have against third parties will be limited to 
those provided by the law alone, and not those allowed in the contract.  
This then becomes a matter of how much risk the person signing an 
agreement with them is willing to accept.


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