Who owns a tune? The customer or the tuner?
#1
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Who owns a tune? The customer or the tuner?
Much has been made in recent years about the music industry's move to recast the songs that artists write as "works for hire", in an effort to pre-empt any ownership claim or right-to-reuse that might arise.
http://en.wikipedia.org/wiki/Work_made_for_hire
So, absent any contract with explicit wording about who retains ownership, who owns a tune? The customer or the tuner?
http://en.wikipedia.org/wiki/Work_made_for_hire
So, absent any contract with explicit wording about who retains ownership, who owns a tune? The customer or the tuner?
#2
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I talked with my father about this. He is a patent attorney - his bread and butter is intellectual property. I described him the nature of "tunes" and explained that there was no contract written, verbal or implied associated with the tune that people receive.
The jist of what he said is that the tuner owns the tune - BUT - and this is a big but - if there is no copyright or such provision protecting the work, then it will be really tough for the tuner to prove that the work is his, his argument would no hold up in a court of law and the customer can essentially do as he pleases.
The jist of what he said is that the tuner owns the tune - BUT - and this is a big but - if there is no copyright or such provision protecting the work, then it will be really tough for the tuner to prove that the work is his, his argument would no hold up in a court of law and the customer can essentially do as he pleases.
Last edited by anjapower; Jun 29, 2006 at 06:54 AM.
#4
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How many tuners do you think will be willing to do email flashes or flashes in general if there bussiness is affected by people reselling or giving away there maps. If this becomes a problem the only tuning will be on expensive ecu's like aem and so on so it is our best interest to protect what we pay for and what the tuner creates for the paying user. Just my .02 Let's not ruin a good thing.
#5
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regardless of the legal ramifications (It does fall under contracted work for hire unless negotiated otherwise) Its still wise to give the tuner the courtesy of not sharing his tunes with others..
Another issue is when you alter a tuners tune.. You've created a derivative work which can fall under a different set of rules...
Another issue is when you alter a tuners tune.. You've created a derivative work which can fall under a different set of rules...
Last edited by MalibuJack; Jun 29, 2006 at 08:06 AM.
#6
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Well put Jack.
We are paying the tuner for there service, once we have recieved whatever they have given us I believe it is up to the end user to decide what he/she does with it, if he/she decides to share it, oh well, they paid full and well for it, that should be the individual's call.
Scorke
We are paying the tuner for there service, once we have recieved whatever they have given us I believe it is up to the end user to decide what he/she does with it, if he/she decides to share it, oh well, they paid full and well for it, that should be the individual's call.
Scorke
Last edited by blonde; Jun 29, 2006 at 10:10 PM.
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#8
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Please keep in mind that the decision has been made on EvoM to respect the tuner and not allow posting/distribution of a tuner's tune.. Although I'm not in any way affiliated with EvoM, I did participate in the discussion and felt that this was an appropriate courtesy for the tuners who participate in the forums.
#10
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Originally Posted by sir lurks alot
Look at it like music. You change a few notes and it isn't the same music anymore therefore you can use it as you please.
#11
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Originally Posted by scorke
Not allowed on the forums, which means you can PM somebody, ask for there tune, and if the oblige they can email it right to you and you can have it in your ecu in a couple of minutes....But yes Malibu, it cannot happen on the forums....
Scorke
Scorke
I have my opinions of some tunes, but that is my own personal expert opinion and do not comment on them publicly.
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It's one thing if you share your own tune that you made from scratch, But sharing a tune from a professional tuner just isnt Right and you know it. By tuning your car there trusting you with Infomation that Runs there Businesss. What would happen is Everyone was running around with AMS GT35r 2.3L tune?
What If someone stole your girlfriend. She's not copyrighted Or patended to you. Right?
What If someone stole your girlfriend. She's not copyrighted Or patended to you. Right?
#13
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Originally Posted by MalibuJack
That falls under something somewhat different issue.. Performance and sampling.. Sampling was clearly deemed a derivative work...
#14
Ethics aside, according to the law the tune is the customers, unless you sign a contract stating otherwise.
Its definately not ethical to however go around and give away your tune. Thats just common sense...
Its definately not ethical to however go around and give away your tune. Thats just common sense...