On Thu, Jun 7, 2012 at 10:52 PM, John Cowan <co...@mercury.ccil.org> wrote: > Chris Travers scripsit: > >> I am not 100% sure but I think after the changes in 2010, exclusive >> licensees are now assumed to have sublicense rights as well. > > An exclusive license is really a transfer of copyright ownership, and the > entire bundle of rights (including the right to say what the license is) > goes with it. Existing licensees may be protected by promissory estoppel, > but merely potentional licensees are not.
Not necessarily. I don't see why one can't license some rights exclusively to one party and other rights exclusively to another party. > >> If I give a book publisher the right to sublicense my book, I would >> assume at a minimum they could tell a magazine they could serialize >> it, for example, and on what terms. Presumably they could license an >> excerpt to be published in an anthology and set terms (within certain >> limits dependent on the contract with the publisher) for that >> publication. Maybe they could even negotiate movie rights. > > Indeed. It used to be usual for the author to transfer all rights > (making the publisher an exclusive licensee) and nail down profit-sharing > in the contract, but nowadays publishers usually buy just enough rights > for their immediate needs: for example, magazine publishers usually want > "first serial rights". > >> A program linking to another >> program is not "based on" that other program in that sense regardless >> of the mechanism of linking any more than an anthology is based on the >> pieces published therein. > > The question is whether the linked program is a derivative work of its > parts or merely a collective work. Larry says "collective", the FSF says > "derivative". Infinite are the arguments of mages. > But that's my point really. This is an area where some people disagree in good faith and hence it's an area which is more likely to end up in court.... I don't know what this says about how robust a license is though. Best Wishes, Chris Travers _______________________________________________ License-discuss mailing list License-discuss@opensource.org http://projects.opensource.org/cgi-bin/mailman/listinfo/license-discuss