Copyright - Spring 2008 - Review Q and A

Course Homepage | rss feed NOTE: I am not posting every single student question. Instead, I am only posting student questions that I believe the class, as a whole, will benefit from hearing. Some questions are too basic to deserve attention. Other questions are too advanced and nuanced. So don't take it personally if your question doesn't appear here. (Do take it personally if I don't respond to one of your questions. I might have forgotten to get to it, so if you don't hear from me in a day or two, please ask again.)

Mon, 28 Apr 2008

Derivative Works and Fixation.
Q: I wanted to check my understanding of the adaptation right and copyright in derivative works. Is the following correct?

According to the legislative history of section 106, a derivative performance that isn't fixed, like a ballet or an improvisation, can infringe the right to prepare derivative works. However, if the copyright owner himself prepares a derivative work that isn't fixed or gives someone permission to do so, that derivative work would not qualify for its own copyright protection under 103 because it isn't fixed. Additionally, even if the derivative work were fixed, it would require "originality plus" to qualify for copyright protection.

My main question concerns the ability of an unfixed derivative work to infringe versus receive its own copyright protection.

A: Correct, and well stated.

posted at: 19:17 | path: | permanent link to this entry

About the Law of Transfers and Licenses.
This semester, we skipped the reading on transfers and licenses. A student just pointed out to me that there are many, many issues in review problem one from the Spring 2007 exam that turn on these issues. For this reason, aspects of this question will probably seem somewhat mysterious to you.

posted at: 08:44 | path: | permanent link to this entry