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| Authored by: Anonymous on Sunday, April 29 2012 @ 12:47 PM EDT |
Some answers, as I understand them:
First does a collective work or
a compilation have to be fixated in a medium for it to be
copyright?
Yes, in the US, fixation in a medium is a prerequisite
for copyright in any kind of work (this is different elsewhere, where fixation
is an evidentiary issue - yes, it is strange).
Can a collective
work include amongst its items, a compilation?
The definitions
don't exclude this possibility.
Can the registration materials, of
themselves, fix the extent of a copyright collective work or a
compilation?
You have copyright at the moment the work is fixed -
so registration happens afterwards, and is an evidentiary issue which affects,
amongst other things, the kind of damages you're eligible for in an
action.
In the alternative, is the creation of the CD the fixation
of the copyright, collective work?
Probably yes, but gathering the
compilation on a hard drive may be sufficient to fix the work before you
make/burn/assemble the CD - I'm not entirely sure how that works in the US, but
I can't see a compilation on a hard drive or flash memory being any less
protected than a CD.
Within that registration, can sub-collective
works and sub-compilations be identified as copyrightable entities in their own
right without being separately fixated in a medium, beforehand (e.g. the
compilation of APIs into a package and the compilation of packages into a JavaSE
API)? Does the registration extend separately to all sub-elements in the
registered work?
I'm not sure exactly what you're asking in this
paragraph (I think we understand API differently enough that your questions
don't make sense to me, and your use of "sub-" is confusing), but I don't know
if registering copyright in a compilation counts as registering the copyright in
any of the works included in a compilation. I suspect it does not as these
included works are works in their own right and should need their own
registrations. See above regarding fixation.
How is it possible
to identify an arbitrary compilation or collective work as a copyright protected
entity during a court case when the whole work has not been fixated in a medium
as a single entity before the case begins?
It's not possible: if
it's not fixed, there is no copyright (I'd also say no "work" in this
case).
Does that help?[ Reply to This | Parent | # ]
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