At 11:05 PM 8/28/00 -0400, you wrote:
>What is the textual basis in the Act for the conclusion that imitative
>photos are infringing but imitative sound recordings are not?
Look at Section 114(b) of the Copyright Act, which says among other things that "The exclusive rights of the owner of copyright in a sound recording under clauses (1) and (2) of section 106 do not extend to the making or duplication of another sound recording that consists entirely of an independent fixation of other sounds, even though such sounds imitate or simulate those in the copyrighted sound recording."
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