There is like 50 page agreement, you even have to give up your copyright rights! The only way to do it legally in my country, is to hire editor as an employee!!! (Contractors can not legally give up copyright to their work)
You license your contributions under an open licence. You don't give up your copyright. There would be no other sensible way to operate a collaborative encyclopedia without a license of this kind.
I (lawyer) have never encountered a jurisdiction where a contractor could not license their work under the contract with their employer (the person contracting them).
There are some non-divestable rights out there. Canada (and others) have a copyright concept of moral rights that cannot be given away by contract or, in other words, nobody can ever force someone to give them away. An artist/creator can decide to not exercise them but the artist/creator retains them regardless of contract language.
>> Unlike other IP rights, moral rights cannot be sold or given away. Even in the case of a sale, an author retains their moral rights in the work, unless they choose to waive these rights.
I was thinking about this as they were covering up murals and stadium names for the world cup. Canada doesnt really do that, but canadian stadiums are not generally named after tech companies (ie BC Place got to keep its name).
How is the right non-divestable if you can waive it? More importantly, how could wikipedia possibly work if contributors retained copyright in any form over their submitted articles and edits?
> More importantly, how could wikipedia possibly work if contributors retained copyright in any form over their submitted articles and edits?
Note, the cc-by-sa 4.0 license that wikipedia uses requires you to waive any moral rights to the extent possible. In canada if you are the creator of the work, then you can waive all of them, so its really a moot point. https://creativecommons.org/licenses/by-sa/4.0/legalcode.en
In general though, moral rights tend to be the sort of thing where they only come into play if you're being an asshole, so it mostly doesn't matter.
It seems to be a somewhat murky area of law. In Europe (and, I guess Canada) you can't really have public domain because of moral rights that you can't waive. IANAL but I've talked with IP lawyers about this and they've been sortof "Yes this is often kinda true." So the broad public domain that is generally true of the US government and which individuals can release in the US isn't really true in Europe as I understand it.
Europe is nearly 50 different jurisdictions, spanning multiple very different legal traditions.
But it is mostly not very murky. Moral rights and commercial rights are distinct in a wide range of jurisdictions. You can generally waive commercial rights, and that is for the most part sufficient for things to e.g. be "functionally" public domain in the ways most people care about.
What moral rights prevent is generally speaking usually things like for someone else to take your work and simply put their name on it, or keeping your name on it but making changes that might do harm to the creator in various ways.
There are nuances between jurisdictions, but it's generally not more difficult than being respectful of the effects (positive or negative) of attribution and integrity of a work.
That's pretty crazy, seems like a ticking time bomb to me. I assume the precise meaning of "moral rights" varies by jurisdiction, but if from the integrity part of the Canadian definition started being broadly applied it would seriously change how things like moderation need to be done. I'm not a lawyer but I wouldn't be comfortable making any kind of modifications to text submitted by a Canadian contributor, even basic stuff like PII redaction. I find the Flight Stop example here pretty chilling https://www.aci-iac.ca/art-books/michael-snow/key-works/flig...
The only legal way to waive copyright rights, is to hire an employee to produce the work. Individual contributors are not cogs in a machine, employees are!
And if someone produced work for 15 years, and edited 10000 articles... very hard to argue it is not permanent worker!
Wikipedia can easily work as "marketplace of ideas", linking original authors. That is not possible if you have editorial policy, political opinions and work like a corporation or a news paper.
A "marketplace of ideas" wikipedia is not wikipedia, that's twitter or maybe reddit. More importantly, your theory of copyright being unwaivable without an employee-employer relationship makes the entire internet unworkable. Nothing could accept user input of any kind unless it can be ruled uncopyrightable.
This is generally not true, but more importantly Wikipedia does not ask people to waive their copyright rights, only license it under a creative commons license. Its no different than how open source software works.
Have you ever read the ToS/ToU of any social media site? Did you know that by using this site you've agreed to arbitration? https://www.ycombinator.com/legal/#tou
Giving up copyright when you write an article for Wikipedia is literally the only way it could possibly work. The biggest issue Wikimedia has is its full time staff, followed by full time editors.
There is no copyright assignment on wikipedia. You are required to license your work under CC-BY-SA 4.0, so the WMF can distribute it, and other editors can reuse and modify it.
Social media is different from wikipedia. If i write my opinions here, it is not an opinion of ycombinator. If I write stuff on wikipedia, it is opinion of wikipedia and there is rigorous editorial process, to get my stuff published...
Also here my name is right next to the text, not in wikipedia!
https://foundation.wikimedia.org/wiki/Policy:Terms_of_Use