On 4/6/07, geni <geniice(a)gmail.com> wrote:
The copyright holder of the book still under copyright
would still be
the copyright holder thus surely Stewart v. Abend would apply?
I can't see that Stewart v. Abend is really applicable in this
situation, which is rather different; Stewart v. Abend covers a
copyrighted work and the details of how rights over a copyrighted work
pass to the heirs on the author's death and how this affects copyright
assignments and permission for derivative works.
The scenario I asked about is when two independently copyrighted
works, where neither is a derivative work of the other, include the
same image that has not been independently copyrighted.
-Matt