When the Golden Words editorial board announced plans to compile the past four years of the engineering society’s newspaper onto a CD ROM, they expected positive from loyal readers and former students.
They did not expect a legal battle over copyright.
Peter Lynn, who was the GW editor-in-chief in 1997-98, alleges that the reproduction of Golden Words in this format is an infringement of Canada’s copyright laws. He is particularly concerned about the current GW staff’s intention to release the compact disc without seeking permission from the copyright holders.
“They are, quite simply, stealing it, pawning it, and pocketing the proceeds,” he argued. “[Golden Words] does not own the copyright to this material. It’s solely owned by the writers and artists who created it, and these people enjoy the sole right to reproduce their works. As creator of some of this material, I object to this attempt to appropriate and sell my intellectual property without so much as consulting me in this decision.” According to legal sources ed by The Journal the case is a “grey area” and reproduction of material using newer technologies continues to be the subject of debate among legal experts.
GW Operation Manager Ryan Aldred called the matter one of a “miscommunication” over potential profits from the compilation. The disc is to be sold for a small fee to cover production costs.
“The deeper issue is that he is more concerned that there will be some sort of a profit for Golden Words, whereas we see it as a challenge to our copyright ability,” he said.
Lynn denied that he was motivated by profit.
“I have no particular interest in financial compensation. I do want to ensure that I receive appropriate credit for my works and that no material is republished that should not be,” he argued. “I hope also that this experience will give the current management the appropriate grounding in copyright law that they will need to become the fine editors and operations staff that they are capable of becoming.”
In response to Lynn’s charges, Aldred explained that the Golden Words’ policy is clearly stated in its masthead: “we retain the ability to reproduce this material as we see fit.”
“We don’t prevent other people from resubmitting their work in other places but we do maintain that we are allowed to reproduce our work in other forms, such as online, as the paper sees fit,” he noted.
“[Lynn’s] saying that we’re not allowed to use this material in any form ever again. That strikes me as a little extreme. In essence, he is suggesting that none of the material that we have received over the years can ever be reprinted by Golden Words. Such other methods of reproducing may include digital reproduction and online content. However, he has not yet challenged our website,” he added.
Lynn has a different interpretation of the masthead’s disclaimer.
“The notice in the masthead is a pragmatic way of scaring off other publications from committing copyright violations, but ironically, it allows Golden Words’ staff to reprint material that they do not own, oblivious to the fact that they are violating copyrights. It simply has no legal force.” As the matter drags on, both parties remain confident that it will resolved before formal legal action is taken.
Aldred is hopeful they will reach a mutual understanding.
“I fully believe that a compromise can be reached between our two parties. However, if all he’s trying to do is bog down the istration of Golden Words, I’d hate to give him that satisfaction.”
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