Re: compilation copyright

First off, a little explanation.  As the Copyright Act explains in =20
Section 103(b), a copyright in a compilation extends only to the =20
compilation itself, as distinguished from the preexisting material =20
collected and integrated in the compilation, and does not imply any =20
exclusive right in the preexisting material. The copyright in a =20
compilation is independent of, and does not affect the scope, =20
duration, ownership, or existence of, any copyright in the =20
preexisting material.

The owner of a compilation copyright has the same rights with respect =20=

to the compilation as the owner of the copyright in an individual =20
work has in the individual work, which are the exclusive rights to =20
reproduction, making derivative works, distribution, performance, and =20=

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 =20
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=92s the compilation -- the work that results from the collection and =20=

integration of the individual contributions -- that=92s distributed by =20=

TPF and other open source projects. Without the compilation =20
copyright, anyone who wanted to use or redistribute Perl (for =20
example) would have to get the permission of everyone who has ever =20
contributed to Perl. Pretty inconvenient, and not something most =20
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 =20=

the compilation copyright does not have a direct effect on the =20
contributors legal liability.

The Artistic License 2 in Section 14 (and Section 10 of AL1) puts =20
users on notice that liability and warranties have been disclaimed =20
with respect to the Package by the contributors and the copyright =20
holder. Since a contributor only grants TPF a nonexclusive license,  =20
a contributor is free to also distribute their contributions some way =20=

-- other than under the Artistic License -- without a disclaimer of =20
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/ =20
Berne_Convention_for_the_Protection_of_Literary_and_Artistic_Works>. =20
Including the U.S., approximately 160 countries have signed one or =20
another version of the Berne Convention.

Allison=