Re: copyright and translation


Subject: Re: copyright and translation
From: Dennis Bathory-Kitsz (bathory@maltedmedia.com)
Date: Sun Jan 31 1999 - 20:37:01 EST


At 00 24 02 01 1999 +0100, Alexandra Hettergott wrote:
>-- A spectrogram *in any case* is a sort of (derivative) abstraction (hence no
>copyright duties ...)

FYI... the derivative work may have its own copyright, however note the *exclusive right* granted in Section 106. The Berne Convention phrases this differently (see later):

US Code Title 17 Chapter 1

Sec. 101. Definitions

Except as otherwise provided in this title, as used in this title, the following terms and their variant forms mean
the following: ...

     A ''derivative work'' is a work based upon one or more preexisting works, such as a translation, musical
     arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction,
     abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A
     work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole,
     represent an original work of authorship, is a ''derivative work''.

Sec. 103. Subject matter of copyright: Compilations and derivative works

     (a) The subject matter of copyright as specified by section 102 includes compilations and derivative
     works, but protection for a work employing preexisting material in which copyright subsists does not
     extend to any part of the work in which such material has been used unlawfully.

     (b) The copyright in a compilation or derivative work extends only to the material contributed by the
     author of such work, as distinguished from the preexisting material employed in the work, and does not
     imply any exclusive right in the preexisting material. The copyright in such work is independent of, and
     does not affect or enlarge the scope, duration, ownership, or subsistence of, any copyright protection in
     the preexisting material.

Sec. 106. Exclusive rights in copyrighted works

Subject to sections 107 through 120, the owner of copyright under this title has the exclusive rights to do and to
authorize any of the following:

     (2) to prepare derivative works based upon the copyrighted work;

Berne Convention

Article 2

(3) Translations, adaptations, arrangements of music and other alterations of a literary or artistic work shall be protected as original works
without prejudice to the copyright in the original work.

Article 8

Authors of literary and artistic works protected by this Convention shall enjoy the exclusive right of making and of authorizing the
translation of their works throughout the term of protection of their rights in the original works.

Article 12

Authors of literary or artistic works shall enjoy the exclusive right of authorizing adaptations, arrangements and other alterations of their
works.



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