> > I am also not sure one can have a copyright interest in an unauthorized > derivative work.
Yeah, the caselaw that I recall says that you don't..although we have discussed hypotheticals in law school where when the infringing part is so separate from the rest of the work that there may still be a copyright in the rest of it (imagine a 3 second sample once during a 10 minute song.) This is not the case here. But what that means is GT has no copyright of his own. Fascinating.. On Wed, Jul 2, 2008 at 6:21 PM, Brian Rowe <[EMAIL PROTECTED]> wrote: > I am willing to donate to the GT legal defense fund. > > Fair use is tough defense especially when the work is used commercially and > the work is not a direct parody. I am also not sure one can have a copyright > interest in an unauthorized derivative work. The legal questions are > fascinating and their is a need to enable this type of creative work either > through legislation or better fair use precedents. > > The album is great! > > Brian > > On Wed, Jul 2, 2008 at 2:50 PM, Elizabeth Stark <[EMAIL PROTECTED]> wrote: > >> Hmm..if people remix GT's "CC" album and also get sued, now that would be >> a case... >> >> >> On Wed, Jul 2, 2008 at 5:35 PM, Fred Benenson <[EMAIL PROTECTED]> >> wrote: >> >>> Feel free not to download the album, or download it and not pay for it. >>> >>> >>> On Wed, Jul 2, 2008 at 5:32 PM, Rob Myers <[EMAIL PROTECTED]> wrote: >>> >>>> Elizabeth Stark wrote: >>>> > Yup, super sketchy b/c you can't separate those elements out from the >>>> > infringing work itself. >>>> >>>> NC-ing appropriation art is, on balance, a bit of a fail. >>>> >>>> http://robmyers.org/weblog/2006/03/26/sampling-artists-and-nc/ >>>> >>>> And it doesn't explain the situation to consumers, who will assume that >>>> the license means that they can't be hassled over posessing an >>>> infringing work. >>>> >>>> - Rob. >>>> _______________________________________________ >>>> Discuss mailing list >>>> [email protected] >>>> http://freeculture.org/cgi-bin/mailman/listinfo/discuss >>>> >>> >>> >>> _______________________________________________ >>> Discuss mailing list >>> [email protected] >>> http://freeculture.org/cgi-bin/mailman/listinfo/discuss >>> >>> >> >> _______________________________________________ >> Discuss mailing list >> [email protected] >> http://freeculture.org/cgi-bin/mailman/listinfo/discuss >> >> > > > -- > Brian Rowe > Freedom for IP > (206) 335-8577 (Cell) > > Access To Justice Technology Principles > www.ATJWeb.org > > Freedom for IP > www.FreedomforIP.org > _______________________________________________ > Discuss mailing list > [email protected] > http://freeculture.org/cgi-bin/mailman/listinfo/discuss > >
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