The Copyright Act preempts the GPL
cowan at ccil.org
Sat Feb 7 02:16:12 UTC 2004
Peter Fairbrother scripsit:
> Yes. In a derivative work, the second author has the right to make copies of
> his contribution to the derivative work, but he has no right at all to make
> copies of the whole derivative work.
[analogous points snipped]
You sound like you are describing a collective rather than a derivative
> He also has no rights in the derivative work as a whole - such rights don't
> exist. There is no copyright in the work as a whole, only seperate
> copyrights in the pre-existing work, and in the added work.
This directly contravenes the text of the statute. The copyright owner
of a derivative work is a copyright owner with all the rights of a
copyright owner, except that he cannot prevent the creation of other
works derivative of the original work but not based on his contribution.
> Note that copyright only subsists in _original_ works, and not in
> _derivative_ works. A derivative work does not per se have any associated
> copyright - though the parts of it may have associated copyright.
A derivative work is an original work, except insofar as it is derivative.
"Original" here is clearly opposed to "unoriginal".
If you understand, John Cowan
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