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Re: using GPL api to be used in a properietary software


From: Alexander Terekhov
Subject: Re: using GPL api to be used in a properietary software
Date: Mon, 14 Mar 2005 15:10:25 +0100

Martin Dickopp wrote: ...

Suppose that preexisting material (both program and library) is in 
public domain by the time the program is run. So once again, who gets 
the copyright on that "derivative work" and what expression (as in 
literary works modulo AFC test) does it protect in that "derivative 
work"? 

----
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 existing 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.
----

regards,
alexander.

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