Re: SFLC is SOL

[Hyman Rosen]

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.