LWN.net Logo

Derivative Works

Derivative Works

Posted Jan 3, 2003 4:58 UTC (Fri) by busterb (subscriber, #560)
In reply to: Derivative Works by ncm
Parent article: Copyright extremists shouldn't control information (Townhall.com)

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?


(Log in to post comments)

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?"


Copyright © 2012, Eklektix, Inc.
Comments and public postings are copyrighted by their creators.
Linux is a registered trademark of Linus Torvalds