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You don't need a license to use a copyrighted work | 751 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
You don't need a license to use a copyrighted work
Authored by: Anonymous on Wednesday, October 03 2012 @ 01:16 PM EDT

Of course - there are those copyright owners that would love to have that right added.

IANAL, but according to Copyright Law Chapter 1 covers the Rights of a copyright holder. First, what is covered:

    Section 102: General Subject Matter
    (a) Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.
    (b) In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.
That - of course - isn't stopping certain elements from continuing to attempt to get the Copyright extended to protect the idea.
    Section 103: (my paraphrasing in a non-legal understanding) basically says "if you, as the author, add to a work, your copyright is on that which you added, nothing else"
That didn't stop SCOG from trying to lay claim to the whole of Linux.

Now we get to the meat of the question, what exactly the rights are:

    Section 106: Exclusive Rights In Copyrighted Works
    Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following:
    1. reproduce the copyrighted work
    2. prepare derivative works
    3. distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership1
    4. perform the copyrighted work publicly2
    5. display the copyrighted work publicly2
    6. claim authorship of that work3
    7. prevent the use of his or her name as the author of any work of visual art which he or she did not create3
Nowhere in Copyright Law does it say a copyright holder has the right to control the use of the copyright protected work. For example, under pure Copyright Law when Sony BMG sells you a cd of a work that Sony BMG controls the copyrights to - they do not have the authority to tell you:
    You can only use this cd in your car on the third Tuesday of each month!
Any Use Control is artificial. It is being controlled via Contract Laws via the means of End User license agreements. Without those license agreements a person who has acquired a Legal copy of a given work is free to use it in any way they like including posting that AOL CD up on the target for their archery practice.


1) Limited to the First Sale doctrine
2) Limited to the kind of works that are protected, not all copyright works have this right
3) As identified in Section 106A

RAS

[ Reply to This | Parent | # ]

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