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Re: Problem with GPLv3 FAQ about linking with Visual C++
From: |
Hyman Rosen |
Subject: |
Re: Problem with GPLv3 FAQ about linking with Visual C++ |
Date: |
Mon, 08 Feb 2010 14:08:44 -0500 |
User-agent: |
Mozilla/5.0 (Windows; U; Windows NT 5.1; en-US; rv:1.9.1.5) Gecko/20091204 Thunderbird/3.0 |
On 2/8/2010 1:40 PM, RJack wrote:
Just ask Bruce Perens and about twenty other BusyBox developers
Registration of copyright is for the author's contribution
to a work, or for the result of compiling the contributions
of others into a single work. It does not necessarily claim
ownership of the entire work. Please see Gaiman v. McFarlane,
360 F.3d 644 (7th Cir. 2004). Therefore, it is not relevant
that there are other authors of BusyBox, or that they do not
wish to enforce the GPL against infringers.
<http://en.wikisource.org/wiki/Gaiman_v._McFarlane>
The creator of a compilation is entitled to copyright it as
long as it’s a work “formed by the collection and assembling
of preexisting materials or of data that are selected,
coordinated, or arranged in such a way that the resulting
work as a whole constitutes an original work of authorship.”
17 U.S.C. § 101; see also § 103. The compiler’s copyright
entitles him to reprint the contents of the compilation in
future editions of the compilation. 17 U.S.C. § 201(c); New
York Times Co. v. Tasini, 533 U.S. 483, 493-97 (2001). But
all the other rights of copyright remain in the authors of
the contributions, provided the contributions satisfy the
criteria of copyrightability. Therefore the compiler’s
copyright notice is not adverse to the contributors’
copyrights and so does not put them on notice that their
rights are being challenged. On the contrary, “a single
copyright notice applicable to the collective work as a whole
serves to indicate protection for all the contributions in
the collective work, except for advertisements, regardless of
the ownership of copyright in the individual contributions
and whether they have been published previously.” United
States Copyright Office, Circular No. 3: Copyright Notice 3
(2004); see Sanga Music, Inc. v. EMI Blackwood Music, Inc.,
55 F.3d 756, 759-60 (2d Cir. 1995); Abend v. MCA, Inc., 863
F.2d 1465, 1469 (9th Cir. 1988), aff’d under the name Stewart
v. Abend, 495 U.S. 207 (1990).
...
In addition to the copyright notices, McFarlane registered
copyright on the issues and the books. But to suppose that by
doing so he provided notice to Gaiman of his exclusive claim
to the characters is again untenable. Authors don’t consult
the records of the Copyright Office to see whether someone has
asserted copyright in their works; and anyway McFarlane’s
registrations no more revealed an intent to claim copyright in
Gaiman’s contributions, as distinct from McFarlane’s own
contributions as compiler and illustrator, than the copyright
notices did. The significance of registration is that it is a
prerequisite to a suit to enforce a copyright. More precisely,
an application to register must be filed, and either granted
or refused, before suit can be brought. 17 U.S.C. § 411(a).
- Re: Problem with GPLv3 FAQ about linking with Visual C++, (continued)
- Re: Problem with GPLv3 FAQ about linking with Visual C++, Alexander Terekhov, 2010/02/05
- Re: Problem with GPLv3 FAQ about linking with Visual C++, Hyman Rosen, 2010/02/05
- Re: Problem with GPLv3 FAQ about linking with Visual C++, Alexander Terekhov, 2010/02/05
- Re: Problem with GPLv3 FAQ about linking with Visual C++, Hyman Rosen, 2010/02/08
- Re: Problem with GPLv3 FAQ about linking with Visual C++, RJack, 2010/02/08
- Re: Problem with GPLv3 FAQ about linking with Visual C++, Hyman Rosen, 2010/02/08
- Re: Problem with GPLv3 FAQ about linking with Visual C++, RJack, 2010/02/08
- Re: Problem with GPLv3 FAQ about linking with Visual C++, Hyman Rosen, 2010/02/08
- Re: Problem with GPLv3 FAQ about linking with Visual C++, John Hasler, 2010/02/08
- Re: Problem with GPLv3 FAQ about linking with Visual C++, RJack, 2010/02/08
- Re: Problem with GPLv3 FAQ about linking with Visual C++,
Hyman Rosen <=
- Re: Problem with GPLv3 FAQ about linking with Visual C++, RJack, 2010/02/08
- Re: Problem with GPLv3 FAQ about linking with Visual C++, Hyman Rosen, 2010/02/08
- Re: Problem with GPLv3 FAQ about linking with Visual C++, RJack, 2010/02/08
- Re: Problem with GPLv3 FAQ about linking with Visual C++, Hyman Rosen, 2010/02/08
- Re: Problem with GPLv3 FAQ about linking with Visual C++, Alexander Terekhov, 2010/02/08
- Re: Problem with GPLv3 FAQ about linking with Visual C++, Hyman Rosen, 2010/02/08
- Re: Problem with GPLv3 FAQ about linking with Visual C++, Alexander Terekhov, 2010/02/08
- Re: Problem with GPLv3 FAQ about linking with Visual C++, Hyman Rosen, 2010/02/08
- Re: Problem with GPLv3 FAQ about linking with Visual C++, Alexander Terekhov, 2010/02/08
- Re: Problem with GPLv3 FAQ about linking with Visual C++, Hyman Rosen, 2010/02/08