Re: Re: Authors Guild's Paul Aiken Opposes 'Turning Copyright Law Upside Down' -- Except When the Guild Is Helping Publishers Impose a 'License By Default'

On 10/4/05, Mike Bradley <mbradley[_at_]techpubs.com> wrote:
>
> An index is a derivative work (see Circular 14 from the Copyright
> Office, for instance). As such it requires permission of the rights holder
> of the original work.

I checked Circular 14 at http://www.copyright.gov/circs/circ14.pdf and index is not in the list of examples of derivative works. The only place where index is mentioned is an example of new work in Space 6b.

The definition of "work made for hire" in Section 101 (in the U.S. copyright law) mentions index as an example of "supplementary work". That is different from "derivative work" that is defined other place in the same section. In other words, index is considered as a separate work.

> In this regard, the San Francisco Chronicle this morning reported that
> Yahoo is establishing an opt-in program whereby rights holders must choose
> to have their works included. This avoids the controversy over possible
> infringements in the Google scheme:
>
> "Yahoo-Backed Alliance to Open Web Library,"
> http://www.sfgate.com/chronicle/

That is because Open Content Alliance (OCA) wants to show the entirety of book, not snippets of book. If an author gives OCA the permission to show only one chapter of his book, OCA does not want it. It is either whole book or nothing.

This is unlike Google that provides both entirety of book if permitted by author or snippets of book as allowed by fair use without the need to get permission from author.

Different goals, different approaches.

(Yahoo joined OCA for a reason. If the treaty on webcasting rights that Yahoo strongly supports becomes a reality, Yahoo then can claim webcasting rights over the works that it webcasts from OCA's repository.)

Joseph Pietro Riolo
<josephpietrojeungriolo[_at_]gmail.com>
<riolo[_at_]voicenet.com>

Number of days left until 1-1-2019 when all knowledge of 1923 in the land of the U.S.A. will be freed from their copyright owners' prisons: 4,836

Public domain notice: I put all of my expressions in this post in the public domain. Received on Thu Oct 06 2005 - 01:35:55 GMT