Re: new editors claiming copyright

From: "Sascha Noyes" <[email protected]>
To: <[email protected]>
Sent: Wednesday, December 10, 2003 11:11 AM
Subject: [Wikilegal-l] new editors claiming copyright


> Hi
>
> We get this all the time:
> 1. New user (or anon) copies text onto wikipedia that is identical to text
on
> another website.
> 2. The RC "police" replaces the page with a copyvio notice.
> 3. The user claims that they are the copyright owner.
>
> Is there any standard procedure to verify that they are indeed the
copyright
> owner? What is deemed sufficient proof: Simply their word? A replied email
to
> the webmaster of the relevant site?

The best way to prove copyright is by registration with the copyright
office.
They would have a certificate that is issued that they have signed. The
penalties for making a false declaration when filing such a certificate are
severe.

However, it is not necessary to do that to have copyright in an original
text.
As under copyright law copyright exists from the moment of fixation without
any kind of formality or publication.

In such a case a sworn affidavit from the author stating that they authored
a particular text with the text attached to the affidavit or made a part of
the affidavit will mean that the person is testifying, under pain of
perjury,
that they are the author. Of course it will be necessary to identify the
person
to verify their identity, the notary will do that when swearing the
affidavit.

Short of that contacting a web site where the text is published may work,
and it may not work because the web site might be under the control of
the person claiming copyright.

IMO this is one of the main problems with relicensing of GFDL text, without
some proof of authorship anyone can put text into Wikipedia that has been
authored by someone else. If it is not on a searchable site on the web it
is doubtful that the "RC police" will pick up the copyvio and it will slowly
become embedded into the text as it gets modified by subsequent
contributors.

Alex R. (en:user:alex756)