Derivative Works [LWN.net]

Derivative Works

Posted Jan 2, 2003 19:16 UTC (Thu) by ncm (subscriber, #165)
In reply to: Try that again, please. by marK
Parent article: Copyright extremists shouldn't control information (Townhall.com)

Here's the quote from the Schlafly editorial:

Eight Hollywood studios have filed suit against local retailers who buy their videos and DVDs and then [bowdlerize it] at the expense of their customers.

That looks to me like distributing derivative works without permission.

To distribute work derivative of GPL code without permission would be to distribute modifications without the source. If the video retailers were allowed, so would be the proprietary-software thieves. ("Oh, but we only sell our improved programs to people who have a legitimate copy of the GPLed original!")

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Derivative Works

Posted Jan 2, 2003 23:34 UTC (Thu) by ncm (subscriber, #165) [Link]

ronaldcole writes, "Two problems with your argument, here: First sale doctrine; Work for hire."

The first-sale doctrine (under the Uniform Commercial Code) allows the store or the customer to use the disc they got. They can play it or turn it into jewelry. It doesn't allow the store to sell a (modified) copy of it. It also doesn't allow them to rent out unauthorized versions. (That's public performance, also restricted under copyright.)

Work-for-hire doesn't create permission for the store to hand over copies of the DVD. That is distributing a derived work without permission. A reasonable test is, are they really doing the work individually for each customer, or did they do it once and are running off copies? Almost certainly the latter; for the other they would have to charge more than anybody would pay.

This work-for-hire argument, applied to the GPL, would allow Exploiters, Inc. to distribute GPLed programs with private changes, and claim that their customers have a license to the original code, and just "hired" Exploiters, Inc. to install the proprietary changes.

The DMCA adds just one wrinkle: to make the bowdlerized copy, they also have to crack CSS. It's easier to sue them for that violation than to explain to the jury the interaction between (regular) copyright publication and work-for-hire.

Derivative Works

Posted Jan 3, 2003 4:58 UTC (Fri) by busterb (subscriber, #560) [Link]

So, the store can turn it into jewelry, but cannot modify it? What if the store
sells jewelry made from copyrighted DVDs? I can buy a clock right now made
from a copyrighted CD. What is the difference, as long as I know that the
original work has been modified.

Maybe there are special exceptions to intangible property, but I kind of see
her point. Having the first-sale doctrine, while claiming that one cannot sell a
modified version of only certain types of goods is a double standard. What
about value-added resellers? Why can I buy a modified car, a modified stereo,
a customized house, but not modified music or software?

Derivative Works

Posted Jan 3, 2003 8:41 UTC (Fri) by ncm (subscriber, #165) [Link]

This isn't rocket science. When you buy the DVD, you own the DVD. That's the physical disc, the plastic thing. Your right to distribute copies of the bits on it are governed by copyright, fair use, and first sale (UCC).

UCC says that since they sold you a movie, you can at least copy the bits through your equipment to get it to the screen. It says you can sell it to somebody else. Fair use says you can make a backup copy, make a copy for a friend, or publish excerpts (but the DMCA says you can't decrypt it to do that). Nothing says the store can distribute copies, modified or not, without permission from the owner of the bits. That's publication.

Who's distributing?

Posted Jan 3, 2003 17:35 UTC (Fri) by marK (guest, #8865) [Link]

The video stores are taking the customer's previously purchased copies and modifying them for a fee, and returning them to the same customers.

How is that different from them taking a customer's DVD or CD and for a fee, converting it into jewelry for that customer. The stores are not stocking modified copies. The stores are not taking blank tapes, slapping reproduced labels on them, and copying modified versions of the movie on them. They are using their professional equipment to cut and splice legally purchased tapes for the owners of said tapes and charging a fee for the service.

I repeat, "How does that gut the GPL?"