"Brian L. Utterback" <[EMAIL PROTECTED]> wrote:
> Maybe I am missing something, but the German Copyright Act does allow the
> copyright holder to license the rights, just not transfer them, correct? If
> so, then the SCA is still okay, since the holder is merely granting all the
> rights to the project including the rights to re-license. The author
> continues to have full rights in the copyrighted work. The copyright is not
> transferred, which implies that the rights leave the original author and are
> transferred to a new copyright owner. The copyright is jointly owned, which
> does not lessen the rights of the original owner. As I said, even if German
> law does not allow for joint ownership, it would still allow for the
> licensing of all copyrights except ownership.
The main problem with understanding the European
"Urheberrecht" results from the fact that the official
translation for "Urheberrecht" is "Copyright" which is
completely wrong :-(
"Copyright" is really only something like "Nutzungsrechte"
which is the "rights to use". While the "Urheberrecht" is
the compbination of "rights to use", and moral "authorship rights".
As you may now understand, it is not possible to jointly
own the "Urheberrecht".
It is however possible to give away a non-exclusive right to use.
Jörg
--
EMail:[EMAIL PROTECTED] (home) Jörg Schilling D-13353 Berlin
[EMAIL PROTECTED] (uni)
[EMAIL PROTECTED] (work) Blog: http://schily.blogspot.com/
URL: http://cdrecord.berlios.de/old/private/ ftp://ftp.berlios.de/pub/schily
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