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Old 30th May 2008, 12:26 AM   #169 (permalink)
mlund
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Join Date: Mar 2007
Posts: 255
mlund Goblin Sharpshooter (Lvl 2)
Quote:
Originally Posted by JohnSnow
Actually, that's not entirely true.
No, it is entirely true - I assure you.

Quote:
Some companies make it a condition of employment that the work that you do while working for them (including any intellectual property you create) remains the property of the company, not the creator.
I'm well aware of that. This falls under the "sell, rent, lease, gift, etc." prerogative of the creator. It is done with the creator's full consent under the terms of an agreed-upon contract.

Quote:
Essentially, when you accept the job, you agree that your salary includes compensation for any intellectual property you create.
Exactly. You agree to the sale of said rights in a consensual exchange.

Creator --- Contract of Sale / Commission / Whatever ---> Buyer

It still originates with the creator. The right to enter into such an agreement is part of your free exercise of your property rights as a creator.

Quote:
As an example, the 3e D&D rules are the property of Wizards of the Coast, and not that of Monte Cook, Jonathan Tweet, et. al.
Indeed - they sold their work for a price, as is their right as creators. If they couldn't do so, their rights would be infringed upon and the value of the property would be damaged.

Of course, there is also a tangent case to be examined about Derivative Works here - building a 3.X game brand out of the I.P. ashes of 1st Edition, 2nd Edition, and even Basic D&D. It isn't like the D&D 3rd Ed. core books could've been created and published by Cook, Tweet et. al. without some sort of license from Wizard's preexisting intellectual property in the first place - otherwise they'd be in turn violating property rights originating with Gary and Dave.

- Marty Lund
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