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From: Hyman Rosen
Subject: Re: SFLC is SOL
Date: Tue, 04 May 2010 16:09:05 -0000
User-agent: Mozilla/5.0 (Windows; U; Windows NT 5.1; en-US; rv: Gecko/20091204 Thunderbird/3.0

On 3/16/2010 12:28 PM, Alexander Terekhov wrote:
Hyman Rosen wrote:
Copyright in a derivative work is held by both the original
author and by the author of the derivative work, and therefore

Read 17 USC 103. And think of derivative works based on
public domain material.

A derivative work based on public domain material would
have only the author of the derivative work as the rights
holder. What of it?

"The copyright in a compilation or derivative work extends only to the
material contributed by the author of such work, as distinguished from
the preexisting material employed in the work, and does not imply any
exclusive right in the preexisting material. The copyright in such work
is independent of, and does not affect or enlarge the scope, duration,
ownership, or subsistence of, any copyright protection in the
preexisting material."

Yes, of course. You quote this as if it has some significance
to a point you are trying to make, but it does not. The author
of a derivative work holds sole copyright in the derivative
portion, and the original author holds sole copyright in the
original portion. The derivative work as a whole contains both
portions, and may only be copied and distributed with permission
from both authors.

For example, an author may have someone prepare a translation of
his work into a different language, and the translator then owns
copyright in the translation, but may not copy and distribute the
translation without permission from the original author because
the translated work contains the original elements created by the
original author.

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