Printing and other rights in respect of a pseudonymously authored text posted online A person posts a text to Usenet that he has signed using an obvious pseudonym that does not include a functioning address for himself that does not refer to a publisher other than himself. Together with the text he includes a notice saying that further publication in any medium except as a Usenet article which is identically accredited and contains an identical notice is strictly prohibited unless he, proving his authorship, specifically issues a licence for such publication that in particular printing rights are strictly reserved, which he defines as meaning that it should be assumed that printing his text is strictly prohibited unless he, proving his authorship, specifically issues a licence to do so. A second person reads the text on Usenet and publishes it in print form or as an e-book without having been granted such a licence. Would the author be able to win a claim against that person for copyright violation? Assume of course that he identifies himself and proves his authorship when making the claim. I am interested in answers for both the English and the United States jurisdictions. I am not sure what grounds the second person might reasonably adduce in defence against such a claim, but they might include for example that regardless of the content of the notice the text should be considered to be in the public domain by dint of having been posted to Usenet that if a pseudonymous author chooses to make himself uncontactable, unlike the many anonymous and pseudonymous authors who can be contacted through their publishers, then his assertion that he reserves rights is absurd other grounds. Note: I have read R Deazley and K Patterson, Guidance Note: Copyright in Pseudonymous and Anonymous Works, 2nd ed. (2017), which references statutes relevant to the English jurisdiction and also the Berne Convention but does not cover the case where a text is accredited to a pseudonymous author without a publisher being specified other than himself and where the author issues a notice of prohibition as described and retains the ability to prove authorship at a later date.
In the US, the author would be able to wind an infringement lawsuit against the re-publisher. Title 17, the US copyright law codified, grants the author the exclusive right to authorize republication, and does not require that a person use their real name. The argument "It was on the internet, it's in the public domain" is utterly without legal merit. The same goes for the assertion that a person loses his rights if he is uncontactable. The author has stated the terms of the license, so there isn't even a reasonable argument that the infringement is innocent (unknowing: "I thought it was with permission). There is no requirement that you have to allow a potential user to hassle you about the license terms. The one thing that is special regarding anonymous and pseudonymous works is that under 17 USC 302, "copyright endures for a term of 95 years from the year of its first publication, or a term of 120 years from the year of its creation, whichever expires first". For a work whose author is identified, copyright "endures for a term consisting of the life of the author and 70 years after the author’s death". This assumes that the host site has not preempted author's license: Stack Exchange, for example, preempts an author's exclusive right, so you can copy stuff from here accorting to the SE terms of usage.
According to the current version of the TOS: You own the rights to the content you create and post on Medium. By posting content to Medium, you give us a nonexclusive license to publish it on Medium Services, including anything reasonably related to publishing it (like storing, displaying, reformatting, and distributing it). In consideration for Medium granting you access to and use of the Services, you agree that Medium may enable advertising on the Services, including in connection with the display of your content or other information. We may also use your content to promote Medium, including its products and content. We will never sell your content to third parties without your explicit permission. This explicitly says you own your content, although Medium has some rights to do some things. And they won't sell it without permission, so unless Medium itself is publishing this book, it would seem to be copyright infringement. (Of course, I don't know what the TOS said when you originally wrote the article.) If what was copied was not copyrightable (like a quote from the Constitution, or a simple uncreative graph of something obvious) then it wouldn't be infringement. But your article was probably more than that.
Basically, statement 3 above is correct. The owner of the copyright in a work may release that work unmder different, even incompatible, licenses, as many times as s/he chooses to do. None of these releases cancels or invalidates any other. A person who obtains a work from a site where it is listed under a particular license, may rely on that license grant. The owner may (if the site allows) modify the license or remove the posted work, but this does not invalidate the license granted to those who obtained the work before any modification or removal. An incorrect or incomplete copyright notice does not, under current law. invalidate the copyright, and to the best of my understanding will not invalidate either of the license mentioen in the question.
The matter is not clear-cut (and the university lawyers are presumably relying on that fact). The bold part and following overstates the situation, especially the unconstrained &quot;publishing anything&quot; edict. You can publish whatever you want that the university doesn't have a legal interest in. The clause that says &quot;If you have co-authors or co-researchers you must ask their permission before publishing, and include their names&quot; is true, and defines a limit on their control. If you don't have co-authors, it's none of their legal business. (There can be issues regarding publishing an affiliation, so let's put that on hold). They can, however, prohibit you from claiming an affiliation with Pod U, unless you submit your works to some internal vetting organization. This requirement should, however, be stated somewhere perhaps in the rules of the graduate school (not just the student handbook); or the other legally-enforceable rules. You should also pay attention to the exact words that they use. You must ask permission to publish work done with a co-author (that's a fact: it's a standard requirement in universities). It is important to be sure that the information you publish is correct (clearly that is not in dispute). They are allowed to ask you to get X's approval. The First Amendment does not prohibit them from urging you to follow a course of action.
Adam cannot simply void the contract because he has a chance to publish in a more prestigious journal. What he can do depends on the provisions of he contract to which Adam agreed. It is likely, but far from certain, that the agreement permits Adam to cancel it under specified circumstances. If it does, and if those circumstances now apply, Adam can cancel and then submit the paper to the other journal. It is possible that the contract gives he first journal (J1)_ exclusive rights only for a limited period of time. If this is so, and if that time has passed, then Adam may submit the paper to the other journal (J2) without violating the agreement. It is likely, but not certain, that the agreement has provisions permitting the paper to be republished in another journal. If it does, than Adam may republish by complying with those provisions. They will probably include a requirement that the J@ publication include a notice similar to this: This paper was originally published in J1 in the {date} issue. J2 would have to be willing to include such a notice. The agreement between Adam and J1 will specify some things that J1 must do, as well as things that Adam must do. If J1 has failed to carry out a significant part of its obligations, for example if it never published Adam's paper, Adam may be able to rescind the agreement for materiel breach. Exactly what failures on J1's part allow this varies by jurisdiction. Adam would be wise to consult a lawyer before taking this step. Adam may request permission from J1 if none of these situations applies, and J1 may give permission. It would probably insist on a notice like the one mentioned above. But J1 does not have to grant such permission. If none of the situations above apply, and Adam cannot get (or does not ask for) permission from J1, then submitting the paper to J2 would probably violate Adam's agreement with J1. J1 could sue Adam, and perhaps J2 also. If the people running J2 know of this situation, they may well refuse Adam's paper. Adam may be able to write a new paper, based on the same research as his original paper, perhaps with more recent research added. That would not be covered by Adam's agreement with J1, and he could submit that to J2.
It is legsl to include references showing readers where facts you include in your article were derived, or where they can be supported. Indeed academic ethics generally require doing so, although there is (in most cases) no legal requirement to do so. Listing the title, author, and publication information of a source is not an infringement of copyright. That J. Jones published an article on &quot;How to Find the Purple Moth&quot; [imaginary example] in volume 28 of the Journal of Moth Science is a fact.Facts are never protected by copyright. Indeed in US law 17 USC 102(b) provides that: b) In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work. The laws of other countries are similar on this point. Indeed I do not know of any country in which facts are protected by copyright. So, including such references is fully legal, and no permission from the sources being cited is required. This is true whatever form the reference takes. In particular, if an online address for the content is included, this is still true. I do not know whether Medium, or any other specific publishing platform, will pat fees to authors based on clik-thru from such citations. That depends on their particular policies, which might be found in their Terms of Service or other policy document.
Yes. Making statements in a legally protected confidential context is not publishing them, and in most jurisdictions, defamation must be published to create a cause of action. In such a case the patient might well have a cause of action against the therapist for violation of patient confidentially, and a complaint to the relevant authority could get the therapist's license revoked, or perhaps a censure from the licensing authority, whatever it is the the jurisdiction. Note &quot;published&quot; does not have to mean putting them in print, but does mean making them in such a way that general circulation of them is plausible. In addition, such statements may be coered by a qualified privilege. In Marchesi v. Franchino, 283 Md. 131, 135, 387 A.2d 1129 (1978) the Maryland Supreme Court (reviewing a case from the Court of Special Appeals) held (at 135-136) that: ... the common law recognized that a person ought to be shielded against civil liability for defamation where, in good faith, he publishes a statement in furtherance of his own legitimate interests, or those shared in common with the recipient or third parties, ... The Maryland court went on to quote the Restatement (Second) of Torts, (Scope Note preceding § 593 (1977)) which states that if a privilege were not granted: information that should be given or received would not be communicated because of [the] fear of . . . persons capable of giving it that they would be held liable in an action of defamation if their statements were untrue. It would seem that a statement by a person to his or her own therapist, as a part of therapy, and intended to be held in confidence by the therapist, ought to fall under this definition of privilege, although I cannot find any actual case with this exact fact pattern. If the person knew or had reason to know that the therapist was likely to repeat the statement, that would be different. If the person and the therapist were not in a practitioner/patient relationship, with its normal expectations of confidentiality, that also would be different.
We cannot and will not try to answer &quot;what should i do?&quot; questions here. Nothing in the linked page makes me think that the views expressed in the previous question here are any less correct. They certainly have not changed the law on copyright. The linked page is an open forum. Many of the posts o9n that thread express ill-informed and incorrect views of how copyright works, and what it protects. Several google searchs find no trace of the suit described in the thread. Note that in US law no copyright claim may be heard in a small claims court, except for the federal copyright office's small claims tribunal. I am not sure if the same is true in Canada, but it might be that the suit was simply dismissed on such a basis. In any case small claims cases do not establish legal precedents in Canada or the US. Of course it is true that anyone can sue over almost anything, even when there is no valid legal basis for the suit. If the suit had been won by the claimant, or even settled that would be larger grounds for worry. A person seriously worried over publishing a book such as that described in the question might do well to consult a lawyer with relevant expertise. A single consultation plus an opinion letter might not cost very much. But 17 USC 102 (b) is very clear that copyright never protects facts, as are the copyright laws of other countries. Note that reports of the events of sports matches are not protected by copyright, although expressive language and analysis may be. 17 USC 102 (b) reads: (b) In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work. Article 2 paragraph (8) of the Berne Copyright Convention provides that: (8) The protection of this Convention shall not apply to news of the day or to miscellaneous facts having the character of mere items of press information. There seems little room for copyright protection of the moves of chess games.