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From: Allison Randal Date: Fri Apr 28 12:28:02 2006 Subject: Re: compilation copyright
First off, a little explanation. As the Copyright Act explains in Section 103(b), a copyright in a compilation extends only to the compilation itself, as distinguished from the preexisting material collected and integrated in the compilation, and does not imply any exclusive right in the preexisting material. The copyright in a compilation is independent of, and does not affect the scope, duration, ownership, or existence of, any copyright in the preexisting material. The owner of a compilation copyright has the same rights with respect to the compilation as the owner of the copyright in an individual work has in the individual work, which are the exclusive rights to reproduction, making derivative works, distribution, performance, and display. On Apr 26, 2006, at 18:40, C. Garrett Goebel wrote: > > Q2: Does a compilation copyright exist if it isn't asserted or > registered? Yes. Like all copyrights, it comes into existence when the work is created and fixed in a tangible medium, such as computer memory. > Q3: Why does TPF or any open source project need a "compilation > copyright"? I.e. why aren't the copyrights on the contributed works > enough? It’s the compilation -- the work that results from the collection and integration of the individual contributions -- that’s distributed by TPF and other open source projects. Without the compilation copyright, anyone who wanted to use or redistribute Perl (for example) would have to get the permission of everyone who has ever contributed to Perl. Pretty inconvenient, and not something most users would ever do, or be able to do. > Q4: Where is Larry attributed as the compilation owner? Everywhere it says "Copyright <some year(s)> Larry Wall". > Q5: What legal liabilites would contributors be protected from if TPF > holds compilation copyrights for Perl? Copyright law isn't really about liability, so the fact that TPF owns the compilation copyright does not have a direct effect on the contributors legal liability. The Artistic License 2 in Section 14 (and Section 10 of AL1) puts users on notice that liability and warranties have been disclaimed with respect to the Package by the contributors and the copyright holder. Since a contributor only grants TPF a nonexclusive license, a contributor is free to also distribute their contributions some way -- other than under the Artistic License -- without a disclaimer of warranty or liability. > Q6: How well are compilation copyrights respected internationally? They are recognized under the Berne Convention, the primary international agreement on copyright law <http://en.wikipedia.org/ wiki/ Berne_Convention_for_the_Protection_of_Literary_and_Artistic_Works>. Including the U.S., approximately 160 countries have signed one or another version of the Berne Convention. Allison
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