[Wikipedia-l] derivative works (Galoob v. Nintendo)

[Jean-Baptiste Soufron]

What about Unfair Commerce or something like that ?

That is so efficicent in Europe that the database is never actually 
enforced. Every Lawyer are using the unfair commerce system.


> There was an attempt to pass a bill through congress to protect
> databases and collections of information (such as phonebooks... would
> it include a dictionary though?) under copyright, but it didn't pass.
>
> So currently, I can make my own phonebook using the database from the
> phone company, sell it at $1mil each, and not be penalised.
>
> Mark
>
> On Mon, 21 Mar 2005 02:17:25 +0100, Jean-Baptiste Soufron
> <jbsoufron at free.fr> wrote:
>>
>>
>>> There is a lot of misunderstanding here as to what constitutes a
>>> derivative
>>> work.  But one need only look at Galoob v. Nintendo to dispel most of
>>> it:
>>>
>>> "The examples of derivative works provided by the Act all physically
>>> incorporate the underlying work or works. The Act's legislative 
>>> history
>>> similarly indicates that 'the infringing work must incorporate a
>>> portion of
>>> the copyrighted work in some form.'"
>>>
>>> The infringing work must incorporate a portion of the copyrighted 
>>> work
>>> in
>>> some form.  This might be the storyline, as in the case of fan
>>> fiction, but
>>> if there is no incoporation of the copyrighted work in the alleged
>>> infringing work, then there is no case, and a jury wouldn't even hear
>>> the
>>> case because it would be dismissed by a judge before a jury was even
>>> selected.
>>>
>>> Oh yeah, and by the way,  the Database and Collections of Information
>>> Misappropriation Act of 2003 never passed, and phone books are
>>> generally
>>> *not* subject to copyright.
>>
>> Thank you.
>>
>> To be more precise, phonebooks can be protected. In Europe they are
>> protected under the database protection act from 1997 (or 1999?).
>> Nothing in the US ?
>>
>> Jean-Baptiste Soufron
>> Intellectual Property and Contracts
>>
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