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Re: SFLC is SOL


From: RJack
Subject: Re: SFLC is SOL
Date: Tue, 04 May 2010 16:09:06 -0000
User-agent: Thunderbird 2.0.0.23 (Windows/20090812)

Hyman Rosen wrote:
On 3/16/2010 1:00 PM, RJack wrote:
Even the "distribution" of derivative works? Really? Hop on over to
your copy of the Copyright Act and show us. Who am I supposed to believe? You or my lyin' eyes?

17 USC 106, of course.

<http://www.law.cornell.edu/uscode/17/usc_sec_17_00000106----000-.html>
(3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;

Copyright in a derivative work is held by both the original author and by the author of the derivative work, and therefore distribution of a derivative work is the exclusive right of both of the authors of
 the work.

There exist two mutually exclusive copyrights in a derivative work (17
USC ยง 103). Nothing but a claim of *contract* will legally secure the
two mutually exclusive permissions required to distribute a derivative
work "as a whole". (Assuming two authors).

Sincerely,
RJack :)


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