[cc-community] Collections [was: Re: public performance and GPL]
osm at inbox.org
Sun Jan 15 13:58:02 EST 2012
On Sun, Jan 15, 2012 at 9:27 AM, Alan Cox <alan at lxorguk.ukuu.org.uk> wrote:
> What is and isn't derivative is itself a minefield. Putting two books
> together in a parcel isn't usually derivative.
It doesn't matter. Copyright covers more than just preparation of
derivatives. It also covers copying and distribution.
Distributing as part of a collection is still distributing, and
distribution is covered under copyright law.
The complication comes up due to the interaction between copyleft and
the doctrine of first sale. As far as I know, this interaction has
never been addressed by a court.
First sale says this: "Notwithstanding the provisions of section 106
(3), the owner of a particular copy or phonorecord lawfully made under
this title, or any person authorized by such owner, is entitled,
without the authority of the copyright owner, to sell or otherwise
dispose of the possession of that copy or phonorecord." When Amazon
buys a book, they become the owner of a particular copy lawfully made.
They can then distribute that book however they want, whether putting
it together in a parcel or not. But likewise, when Amazon buys a CD
with a lawfully made software binary on it, they become the owner of a
particular copy lawfully made. They can then distribute that CD
however they want, whether including an offer for the source code or
not. If, on the other hand, Amazon *makes* a CD with a copy of a
software binary on it, they must follow the terms of the license when
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