Noel Stoutenburg wrote:
David W. Fenton wrote:
But a font file is not a database file in the same way that a Finale
file is (it's a collection of tables with rows and columns that
describe objects in the Finale document, with tables related to each
other in parent/child relationships -- that's the definition of a
relational database file), so I could see an argument in the other
direction.
/Adobe v. SSI/ relied upon the statutory definition of a computer
program contained in Title 17 USC
A “computer program” is a set of statements or instructions to be used
directly or indirectly in a computer in order to bring about a certain
result.
Arguing that the data points in the font file were statements. Applying
parallel reasoning, the data points, and references to external fonts in
a Finale data file constitute a "computer program", too.
And whether or not it is a "computer program," it still remains for a
court case to determine if a Finale file of a copyrighted musical work
is copyrightable separate from the underlying music, and also whether
such copyright is a copyright of a derivative work (and thus is owned
by the copyright owner of the original musical work as stipulated in the
U.S. copyright law) or whether is is a totally separate copyright
belonging to the creator of the Finale file.
Only a court case or a specific inclusion in a future copyright law will
settle this matter.
I remain convinced that whether the Finale file is ultimately ruled to
be a "computer program" or a "data file" such a decision will be
secondary to the ruling on the relationship of the Finale file to the
underlying copyrighted musical work.
And of course, just to make matters more clear (or muddy), if the
underlying musical work is a public domain work, the whole discussion
shifts since nobody owns a copyright in the underlying musical work and
each of us can claim copyright on our own "version" of that work, even
if that version is a Finale file.
--
David H. Bailey
[EMAIL PROTECTED]
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