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From: RJack
Subject: Re: SFLC is SOL
Date: Tue, 04 May 2010 16:09:06 -0000
User-agent: Thunderbird (Windows/20090812)

Hyman Rosen wrote:
On 3/16/2010 1:00 PM, RJack wrote:
Even the "distribution" of derivative works? Really? Hop on over to
your copy of the Copyright Act and show us. Who am I supposed to believe? You or my lyin' eyes?

17 USC 106, of course.

(3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;

Copyright in a derivative work is held by both the original author and by the author of the derivative work, and therefore distribution of a derivative work is the exclusive right of both of the authors of
 the work.

There exist two mutually exclusive copyrights in a derivative work (17
USC ยง 103). Nothing but a claim of *contract* will legally secure the
two mutually exclusive permissions required to distribute a derivative
work "as a whole". (Assuming two authors).

RJack :)

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