Use Our ‘Takedown Forms’ to Block Future Use of Your Works
The class notice doesn’t tell you this, but the settlement will give away the rights in perpetuity to all of your works already acquired illegally by the defendant databases.
This disgraceful provision, which we call the License by Default, applies whether or not you file a claim. It’s the No. 1 of many reasons why we objectors believe the settlement will not hold up under appeal, should Judge Daniels approve it on September 27.
But if we don’t defeat this settlement you’ll still have been forced to give the defendants -- and anyone these outlaws choose -- the right to reuse your works forever and ever. Whether or not you even filed a claim.
For this reason, it’s extremely important for all freelance writers to send to the settlement administrator paperwork denying future use of your works. We’ve provided the appropriate language below.
There are actually two forms. Many people, even those who claim, and who give future rights for the articles they claim for, will not know what works of theirs are on the databases (or, for that matter, ever were), and therefore what is or might conceivably be licensed. So there’s a second form for those of us who are actually making claims.
Again ... The first form should be used by non-claimants. The second form should be used by claimants -- even by those of us who are denying future rights for the works on which we file claims. (Such denial generally reduces the claim award by 35%.) The second form will cover works we don’t know about.
As soon as I can get to it, this notice will be posted at the website (http://freelancerights.muchnick.net/), along with printer-friendly versions of these forms for easy downloading. When I do that, I’ll also post again to this blog.
Anyone using these forms is invited to let me know or, better yet, forward copies to me. My email address is info@muchnick.net. My postal address is P.O. Box 9629, Berkeley, CA 94709.
Irv Muchnick
+++++++++++++++++++
DENIAL OF FUTURE RIGHTS
I, _______________, deny all parties to, or who benefit from, the Settlement Agreement in In re Literary Works in Electronic Databases Copyright Litigation, any right or license to exercise any of my copyright rights in any work I have ever created.
Signature ___________________
Date ___________
submit by September 30, 2005, to:
Literary Works in Electronic Databases Copyright Litigation
The Garden City Group, Inc.
P.O. Box 9000 #6250
Merrick, NY 11566-9000
*****
DENIAL OF CERTAIN FUTURE RIGHTS
I, _______________, deny all parties to, or who benefit from, the Settlement Agreement in In re Literary Works in Electronic Databases Copyright Litigation, any right or license to exercise any of my copyright rights in any work I have ever created, except for those for which I have granted future rights on a claim form I have filed with the administrator.
Signature ___________________
Date ___________
submit by September 30, 2005, to:
Literary Works in Electronic Databases Copyright Litigation
The Garden City Group, Inc.
P.O. Box 9000 #6250
Merrick, NY 11566-9000
This disgraceful provision, which we call the License by Default, applies whether or not you file a claim. It’s the No. 1 of many reasons why we objectors believe the settlement will not hold up under appeal, should Judge Daniels approve it on September 27.
But if we don’t defeat this settlement you’ll still have been forced to give the defendants -- and anyone these outlaws choose -- the right to reuse your works forever and ever. Whether or not you even filed a claim.
For this reason, it’s extremely important for all freelance writers to send to the settlement administrator paperwork denying future use of your works. We’ve provided the appropriate language below.
There are actually two forms. Many people, even those who claim, and who give future rights for the articles they claim for, will not know what works of theirs are on the databases (or, for that matter, ever were), and therefore what is or might conceivably be licensed. So there’s a second form for those of us who are actually making claims.
Again ... The first form should be used by non-claimants. The second form should be used by claimants -- even by those of us who are denying future rights for the works on which we file claims. (Such denial generally reduces the claim award by 35%.) The second form will cover works we don’t know about.
As soon as I can get to it, this notice will be posted at the website (http://freelancerights.muchnick.net/), along with printer-friendly versions of these forms for easy downloading. When I do that, I’ll also post again to this blog.
Anyone using these forms is invited to let me know or, better yet, forward copies to me. My email address is info@muchnick.net. My postal address is P.O. Box 9629, Berkeley, CA 94709.
Irv Muchnick
+++++++++++++++++++
DENIAL OF FUTURE RIGHTS
I, _______________, deny all parties to, or who benefit from, the Settlement Agreement in In re Literary Works in Electronic Databases Copyright Litigation, any right or license to exercise any of my copyright rights in any work I have ever created.
Signature ___________________
Date ___________
submit by September 30, 2005, to:
Literary Works in Electronic Databases Copyright Litigation
The Garden City Group, Inc.
P.O. Box 9000 #6250
Merrick, NY 11566-9000
*****
DENIAL OF CERTAIN FUTURE RIGHTS
I, _______________, deny all parties to, or who benefit from, the Settlement Agreement in In re Literary Works in Electronic Databases Copyright Litigation, any right or license to exercise any of my copyright rights in any work I have ever created, except for those for which I have granted future rights on a claim form I have filed with the administrator.
Signature ___________________
Date ___________
submit by September 30, 2005, to:
Literary Works in Electronic Databases Copyright Litigation
The Garden City Group, Inc.
P.O. Box 9000 #6250
Merrick, NY 11566-9000
posted by Irv Muchnick at 5:56 AM
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