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Derivative Works

Derivative Works

Posted Jan 3, 2003 8:41 UTC (Fri) by ncm (subscriber, #165)
In reply to: Derivative Works by busterb
Parent article: Copyright extremists shouldn't control information (Townhall.com)

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.


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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?"


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