Re: Derivative Inquiry

From: John T. Mitchell <mitchell[_at_]interactionlaw.com>
Date: Mon, 28 Aug 2006 15:55:45 -0400

As for distribution right, I certainly agree. From the case law I recall, you could even sell them that way without violating the distribution right. (Cases that come to mind are books recovered from a fire, re-bound with trimmed edges and new covers, or movies spliced together from cut-up film intended for landfill/recycling -- both OK.)

John

---

John T. Mitchell
http://interactionlaw.com

On Aug 24, 2006, at 6:25 PM, Jason sheperd wrote:

> We are researching an issue and it appears that the practice is ok
> (as in not infringing activity) but I wanted to get the collective
> wisdom of the listserv.
>
> A preschool daycare buys age apprpriate workbooks for its students,
> removes the pages and puts them in plastic in a binder (the binder
> has all pages, cover, title page, etc) so that the teachers can
> work with each student using a dry-erase marker on the plastic.
> This way the daycare only has to purchase a couple sets for use
> with all of its students. No photocopying is taking place. Our
> research indicates this is not a violation of the distribution
> right or derivative work right. Do you all agree?
>
> Jason
>
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Received on Mon Aug 28 2006 - 23:55:45 GMT