The class action web site seems to be talking exclusively about books, so I’m trying to figure out whether academic papers published in journals or proceedings volumes qualify as well…
The class action web site seems to be talking exclusively about books, so I’m trying to figure out whether academic papers published in journals or proceedings volumes qualify as well…
I would guess they count—I’m not sure how copyright works on academic papers. I assume that if you wrote it the copyright belongs to you?
Usually (at least in biology journals - and one of my papers is in LibGen) the journal owns the copyright on the version that's published, reflecting their editing and formatting work (even though the former is quite limited). The authors usually retain copyright on the original manuscript.
I don't know what this would mean for copyright in this case. In the past this hasn't been much of an issue, there hasn't been much monetization or reprinting of scientific papers beyond the journal selling subscriptions and site licenses (and, back in the day, selling some reprints to the author).
Very occasionally an eminent scientist will publish a book of their collected papers, but it's rare and getting rarer. I don't know how the rights for that are arranged, but I assume they deal with the journal publishers, who probably don't ask much when decades-old papers are being honored.
Often the copyright belongs to the publisher of the academic journal. There are several exceptions, however.
There is a myth that prevails that "work for hire" exists everywhere and that employers get always ©"ownership". In most of the world employees actually maintain their © ownership and "work for hire" doesn't exist. Corporate ownership of © is actually restricted. en.wikipedia.org/wiki/Authors...
Authors typically transfer the copyright to the publisher by way of a written agreement. Work for hire is not the issue here.
And in my case, for most of my career my former employer holds the copyright. It looks like I will have to sit this one out, but I’ll sure be rooting to bankrupt every single AI company.
© is territorial so you can actually claim © ownership based on EU law if your work is published there. Work for hire doesn't exist in the EU (except for software - and Holland) See Berne Convention article 5(2). Protection is based on where protection is sought. www.law.cornell.edu/treaties/ber...
What that means is even if a contractor had a "work for hire" agreement in the US. They can still potentially claim "ownership" under let's say, German Law if the work is published there because Germany doesn't recognize US law. www.lexology.com/library/deta...
For some of the papers, yes. I guess I will make a list of those and check the Atlantic’s search feature.