Derivative works and international copyright

Sujita Purushothaman sujita at
Tue Apr 8 09:38:33 UTC 2003

   I'm a little confused on this issue, would appreciate list members' 

Assumption : The issue of whether linking to a library constitutes a 
derivative work or not depends on a court ruling it to be so, which has 
not happened yet.
(please correct me if I'm wrong)

Question : If a court in country A decides that linking is indeed 
creating a derivative work, can a court in country B decide the 
opposite? If both countries are signatories of the Berne Convention, 
should country B automatically accept country A's definition of 
copyrighted work? If not, and if a court in country B decides the 
opposite, can authors in country A protect their copyright (linking of 
libraries = derivative work) in country B?


Sujita Purushothaman				
Research Engineer, Open Source Development, MIMOS Berhad, Malaysia.

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