The Nikon 28-300, a great lense!

[Manfred M]

Copyright no longer waved on this page.

???

[stuck]

???

It makes sense if you assume "this page" means the page that is linked to in the original post, i.e. this one:
https://edruthphoto.com/post-production-ai/

[Manfred M]

I'm not an intellectual property lawyer, but have worked with them a number of times in the past, so I have some idea of what IP protection does and does not do.

I'm not sure how copyright can be waived in the first place. The author owns the work for life and their heirs continue to own that copyright for 70 years following the year that the copyright owner dies. If one waives copyright, that suggests that the author has given up the ownership of the copyright, so how can it be unwaived?

if someone who is not authorized to use the copyright work, the copyright owner has legal remedies, but that means going after the infringer through the courts. For the courts to award damages, the copyright owner has to demonstrate a loss, which is going to be quite tricky unless the owner can demonstrate substantial income loss from the infringement. That seems unlikely here.

If I use / distribute this work for educational purposes here in Canada, the Fair Dealing provisions under the Copyright Act are quite broad and the author would likely have no real recourse to come after me given that this provision has been tested by the Supreme Court. The USA Fair Use provisions are far more restrictive, but I don't live in the USA.

To make things more difficult, I could counter-sure the author, if any of the ideas I put forward in my replies to him were incorporated in the updated work, as I have not been compensated for them.

Like I said, the posting is meaningless and I fail to understand why it was even made.

[DanK]

I'm not sure how copyright can be waived in the first place.

I'm not an attorney either, but in the U.S., the creator of a work can waive or assign copyright. See, for example, https://copyright.uslegal.com/2017/0...gement-rights/. This is routine in publishing, for example. In the case of one of my books, I gave up copyright to the publisher, which is the norm. In the case of another book, I retained rights in Spanish and Hebrew (it's a long story), but gave up all other rights to the publisher.

What I haven't encountered before is someone trying to rescind a waiver. I have no clue whether that has any force of law.

[Manfred M]

I'm not an attorney either, but in the U.S., the creator of a work can waive or assign copyright. See, for example, https://copyright.uslegal.com/2017/0...gement-rights/. This is routine in publishing, for example. In the case of one of my books, I gave up copyright to the publisher, which is the norm. In the case of another book, I retained rights in Spanish and Hebrew (it's a long story), but gave up all other rights to the publisher.

What I haven't encountered before is someone trying to rescind a waiver. I have no clue whether that has any force of law.

Assignment of rights is very common practice and that is common throughout the intellectual property world, whether that be copyright, patents, etc. Using different copyright models (from all rights reserved through to the use of one of the various licensing schemes, like Creative Commons) are quite standard as well.

Not enforcing copyright is common enough too because going after an infringer can be quite costly and time consuming, so the reward needs to justify the effort and cost. I suspect it will be difficult for Ed to prove any loss, should someone infringe on his copyright.

In terms of waiver of copyright, the article you have linked to is quite clear: "An owner of a copyright can waive copyright protection only if there is intent by the copyright proprietor to surrender rights in his work." That condition does not appear to have been met, so I suspect Ed's posting has no legal way of doing what he has attempted to do and the post is meaningless.

[DanK]

I took his post to mean that he had intended to surrender his rights but later thought better of it.


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[revi]

Only one halfway decent solution: get advice from a specialised lawyer in the applicable jurisdiction.
"Halfway decent" as lawyers do not set precedent, courts do (and as Manfred said, that can be costly).

But one problem with trying to rescind a waiver: what happens to those that relied on the waiver to use the protected work?

[DanK]

Only one halfway decent solution: get advice from a specialised lawyer in the applicable jurisdiction.
"Halfway decent" as lawyers do not set precedent, courts do (and as Manfred said, that can be costly).

But one problem with trying to rescind a waiver: what happens to those that relied on the waiver to use the protected work?

Interesting question. Again, I'm not an attorney, but I've never encountered someone trying to rescind a waiver. In my limited experience, the change is usually in the other direction. For example, I mentioned that I published one book for which I retain rights only in Spanish and Hebrew. Initially, the publisher claimed all rights other than in Hebrew. After a few years, however, it became clear that the publisher was unable to find a partner publisher for a Spanish-language edition, even though there was some demand in Latin America. For reasons that are too complicated to go into here, I had a Spanish translation in hand. So after some negotiation, the publisher waived (perhaps not the right word) their rights to a Spanish edition and assigned those rights to me.