On Wed, Jul 2, 2008 at 6:34 PM, Rob Myers <[EMAIL PROTECTED]> wrote: > Elizabeth Stark wrote: > > 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.. > > You can gain copyright on an unauthorized derivative through Fair Use, > can't you? Or does fair Use just excuse the infringement?
Sorry, I should say an unauthorized infringing derivative. If it's a fair use, then there's a copyright there. Not that I want to get into this argument, but pretty much my entire legal education in copyright has led me to believe that given the current state of the law, Girl Talk would not be a fair use. > > > > 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.. > > And so GT cannot NC the work, because they are not the copyright holder... Right, cannot CC it to begin with. > > > - Rob. > _______________________________________________ > Discuss mailing list > [email protected] > http://freeculture.org/cgi-bin/mailman/listinfo/discuss >
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