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Archiver > APG > 2004-06 > 1086714415


From: "Jerry Fitzpatrick" <>
Subject: RE: [APG] Would you give an additional report?
Date: Tue, 8 Jun 2004 12:06:55 -0500
In-Reply-To: <200406081137767.SM01392@sccrmhc11.comcast.net>


Lynne,

I think you have some good points here and I don't mean to single you out.
However, how would you suggest handling Ken Aitken's case (another family
member wishing to obtain the same information)? It seems to me you have
these choices:

1. Give them a copy of the report at no cost (or, equivalently
refer them to your client, giving them permission to copy the
report).
2. Sell them a copy of the report at a full, or perhaps reduced, price.
3. Redo your previous research, providing a new report.
4. Turn down the business, forcing some other researcher to retrace
your steps and develop their own report.

To me, none of these choices suggest a viable long-term business model.

The only business reasons I can see for retaining the copyright to a client
report would be:

1. To make an additional profit in the future from a report
financed by the client.
2. To prevent the client from selling or distributing a report
that they financed.
3. To prevent the client from changing a report that they financed
(to, say, "preserve its integrity").

Option #1 benefits the researcher directly by selling the same report over
an over again. Option #2 only benefits the researcher if they believe the
client will make a profit that they (the researcher) is entitled to. And why
would the researcher, not the client, be entitled to the profit? Option #3
doesn't benefit the researcher unless the client distributes or sells the
changed report, prohibited by option #2.

In all cases, the copyright is only as good as its enforcement. How many
genealogists are willing to sue over alleged copyright violations by their
clients? Is that good for business?

I'm not suggesting that genealogists should work for free or give up
anything that is rightfully theirs. I have as much ego investment in my work
as genealogists, yet I relinquish to rights to my software all the time. I
think this is fair because the client, not I, is financing the work and
taking the risk. I get paid whether their product sells or not -- whether
they use my software, modify it, or not. I'm not accountable for their use
or abuse of my software.

If a client pays you to develop a report, but you insist on controlling its
content and distribution, and the ability to make an additional profit it on
it at a later date, then is that client getting a square deal?

---
Jerry Fitzpatrick
Software Renovation Corporation

http://www.SoftwareRenovation.com


-----Original Message-----
From: Lynne Darrouzet [mailto:]
Sent: Tuesday, June 08, 2004 10:37 AM
To: ;
Subject: RE: [APG] Would you give an additional report?

That's exactly why these things need to be spelled out in a contract. The
client may have a completely different expectation about copyright
ownership, based on the kinds of examples you cite. Having negotiated a
fair number of software-related contracts, I agree that generally the client
negotiates to own the software if they have a substantial investment and a
desire to license the software to others. But in the absence of specific
provisions in the contract, the "author" retains ownership of the work.

Now, house painting and car repair aren't covered by copyright law. But
architectural plans would be, and it would be important to look at the
contract you sign with the architect to see who owns what.

Although I may own the copyright to the report, what I own is the
"expression" of information, not the information itself. I want copyright
ownership so that I have some say about how the report is re-used or
re-published and it gives me some say in maintaining the integrity of the
report(making sure the analysis remains the same, the source citations are
preserved, etc.) The client can use the information as they choose, they
just can't cut and paste large parts of my report, or copy and distribute
the whole report without my permission.

I also tell my clients that I will not use their report without their
permission, except that I may use the information from the report (as
opposed to the report itself) for teaching purposes. Ethically, I don't feel
I have the right to sell the report to another client. Even though I may
have this right under copyright law, I think it's just an invitation to
problems with the client. Depending on the information contained in the
report, there may also be privacy law considerations. The BCG in the
Genealogist's Code also requires us to keep information given to us by the
client confidential unless we have written consent to the contrary.

Again, I think the key is communication with the client. The client
contract is the place to spell out these things so everyone has clear
expectations. Better to hash these things out with the client up front than
after the fact.

Lynne M. Darrouzet, JD, CGRS




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