Re: Derivative Inquiry

On Thu, 24 Aug 2006, Jason sheperd wrote:

> 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?

In the Ninth Circuit, with its absurd Mirage Editions, Inc. v. Albuquerque A.R.T. Co. case (which held that merely taking a greeting card, cutting it up, and laminating it onto a tile amounted to the preparation of a derivative work) would possibly, maybe even probably, find this to be creating a derivative work.

I would hope, though, that even the Ninth Circuit would by now recognize the folly of its ways (other circuits, such as the Seventh Circuit in Lee v. A.R.T. Co.) certainly have recognized that folly) and the scorn that has been heaped upon it for this case, and not extend it further. Received on Mon Aug 28 2006 - 23:55:45 GMT