[Coco] Falsoft - Rainbow Contracts

[Dennis Bathory-Kitsz]

Top-posting this time to leave this complete...

This is an example of why you always, always, always read the contract in
detail and modify it before signing. This contract is entirely unacceptable.

#1 (I assume it has a typo, missing punctuation [perhaps hyphens, as
'to-be-copyrighted' compound modifier] or missing word) is the end of your
rights -- but based on what follows, it's not the end of your
responsibilities.

#2 is superfluous after #1, because the author has already conveyed
copyright unconditionally. It redundantly outlines Falsoft's rights,
including the 'not limited to' phrase that is presently being argued in the
courts. (However, after #1, there is no wiggle room.)

#3 is also superfluous, but bars the author from further sale -- and is
probably included give Falsoft standing if the author re-writes the article
or software for re-sale, and enough of it is 'plagiarized', so to speak,
from the author's own previous work sold to Falsoft.

#4, the 'personal use' clause, is also superfluous because it is a right
Falsoft cannot actually convey. All published material can be used for
personal use by any reader. However, it is probably included for standing
in #5.

#5 makes the author responsible for Falsoft's defense *after* the author
has no remaining rights in the original. How'd'ya like them apples?

#6 is a typical hold-harmless clause, but is again usually not found after
the conveyance of rights.

Back "in the day", many authors were anxious to get their work published.
Lonnie, already in the professional publishing business, knew that. But
this has got to be one of the worst author-exploiting contracts I've ever
read. I don't have my two contracts with Lonnie accessible anywhere, so I
don't know if they changed by the time my two articles appeared (and before
I split with his publications), or I just didn't bother signing them. If I
*did* sign such a contract, it was probably because I was so desperate
after the failure of UnderColor to make sure my readers were taken care of
by providing them Rainbow subscriptions. I would have done the unreasonable
at that point.

Dennis


At 08:38 AM 12/31/03 CST, ostro011 wrote:
> 
>I was able to dig up one of my old Rainbow contracts, signed in December of
>1987.  It is too long to quote verbatim obviously, but I'll try to quote
>what I believe to be the parts that matter most to this discussion.  Upon
>reading it again now, it's a bit scary that I signed it in the first place.
>
>Assuming that this was a standard Falsoft contract, does anyone here
>(Dennis, you are probably the most experienced with these media contracts)
>have an opinion about the author releasing his code for free distribution? 
>How long would this code be tied up?  It seems obvious to me that I retain
>the right to use my own software, but maybe not to give it to anyone else.
>
>-- Steve --
>
>
>
>1. AUTHOR bargains, sells and conveys to FALSOFT all right, title and
>interest, including copyright, in and to his/her computer program and/or
>article as entitled below ... for publication in its to be copyrighted
>publications and elsewhere.
>
>2.  AUTHOR further agrees that FALSOFT has the right, without further
>consideration and as a part of this Agreement, to duplicate, reproduce or
>copy the Work, or to authorize others to do so, for associated uses
>including, but not limited to, tape and/or disk reproduction of program
>listings, publication or republication of the Work in different formats
>(such as a "Best of Rainbow") and/or disk versions of the same.
>
>3.  AUTHOR further agrees the Work herein described shall not be offered
>for publication, sale, license, as a promotion, or in any manner given or
>transferred to any other magazine or entity for any purpose whatsoever.
>
>4.  FALSOFT hereby grants back and conveys to AUTHOR a license to use the
>Work for AUTHOR'S personal use ...
>
>5.  ... AUTHOR agrees that he/she shall have sole responsibility at
>AUTHOR'S expense, to respond to and/or defend any claims relating to the
>Work or its components in whole or in part, by others.
>
>6.  AUTHOR further agrees to indemnify and hold FALSOFT harmless from any
>and all actions and damages to and because of errors in the Work as
>submitted by AUTHOR.  AUTHOR also agrees to reimburse FALSOFT fully for all
>legal expenses, as well as to undertake the defense of FALSOFT in actions
>relating to the Work, upon proper notification.
>
>7.  ...
>
>
>
>
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>
>