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<blockquote data-quote="Cadfan" data-source="post: 4312525" data-attributes="member: 40961">You can contract away rights.&nbsp; I have a right to fair use of... I dunno, Mickey Mouse.&nbsp; I could contract with Disney as follows.&nbsp; &quot;In exchange for this billion dollars that the Disney Corporation is giving me, I hereby surrender all fair use rights to anything related to Mickey Mouse, starting at the end of this sentence because otherwise I just violated the contract, so starting... NOW!&quot;&nbsp; There you go.&nbsp; I no longer have fair use rights to... the Rodent That Shall Not Be Named.&nbsp; But I have a billion dollars!Likewise, you can change a contract (or a license) by means of a second contract or license.&nbsp; Suppose I have a non revocable license from Disney to use Minnie Mouse imagery.&nbsp; Disney decides they don't want me doing that anymore, but my license is non revocable.&nbsp; So, they offer me a non revocable license to use Donald Duck imagery.&nbsp; But, one of the conditions of the license is that I have to give up my old license to use Minnie Mouse imagery.&nbsp; I want this license because I estimate that Donald Duck imagery is more valuable to me than is Minnie Mouse imagery, so I agree.The key is that I didn't have to do it.&nbsp; If they tied me to a chair and beat me with a truncheon until I signed, that would be illegal.&nbsp; If they just announced one day that my non revocable license was revoked, that wouldn't be a binding announcement.&nbsp; But because they offered me something of greater value that convinced me to voluntarily agree to surrender my prior license, that's fine.&nbsp; They can do that, and so can I.</blockquote>

[QUOTE="Cadfan, post: 4312525, member: 40961"] You can contract away rights. I have a right to fair use of... I dunno, Mickey Mouse. I could contract with Disney as follows. "In exchange for this billion dollars that the Disney Corporation is giving me, I hereby surrender all fair use rights to anything related to Mickey Mouse, starting at the end of this sentence because otherwise I just violated the contract, so starting... NOW!" There you go. I no longer have fair use rights to... the Rodent That Shall Not Be Named. But I have a billion dollars! Likewise, you can change a contract (or a license) by means of a second contract or license. Suppose I have a non revocable license from Disney to use Minnie Mouse imagery. Disney decides they don't want me doing that anymore, but my license is non revocable. So, they offer me a non revocable license to use Donald Duck imagery. But, one of the conditions of the license is that I have to give up my old license to use Minnie Mouse imagery. I want this license because I estimate that Donald Duck imagery is more valuable to me than is Minnie Mouse imagery, so I agree. The key is that I didn't have to do it. If they tied me to a chair and beat me with a truncheon until I signed, that would be illegal. If they just announced one day that my non revocable license was revoked, that wouldn't be a binding announcement. But because they offered me something of greater value that convinced me to voluntarily agree to surrender my prior license, that's fine. They can do that, and so can I. [/QUOTE]

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