Re: Re: Derivative Inquiry

While I believe the first sale doctrine would apply to both examples, I think you need to revisit the math -- the return on the place-mats is only $1,450 by my 145x10 calculation. ;-)

John Mitchell

On Aug 29, 2006, at 11:45 AM, J. Noble wrote:

> Nobody is going to sue the day care center, and nobody is going to
> make money laminating greeting cards purchased for $1.25. Let's
> change the facts.
>
> /Maxfield Parrish: The Masterworks/, described on Amazon as: "The
> calendar art of Maxfield Parrish (1870-1966) and his covers for
> Collier's, Ladies' Home Journal and other magazines in the early
> decades of the century look increasingly campy now. Featuring 145
> color plates ..., this snazzy showcase of Parrish's art will please
> fans and collectors." It costs $225.00. The pages measure 10.8 X
> 13.5. That's just about right for one-of-a-kind laminated kitchen-
> table place-mats -- at $10/each, those 145 place-mats return
> $14,500.00. Is that covered by the first sale doctrine?
>
> How about The Norton Anthology of Modern and Contemporary Poetry,
> Third Edition -- 1,596 poems, licensed by 195 poets for inclusion
> in the prestigious and definitive collection of the best twentieth
> century poets. Can I buy the book for $50, razor the pages, and
> sell the poems on the internet for $2/each, "in your choice of a
> card-mounting or crappy plastic frame, suitable for birth
> announcements, sympathy cards, or any special occasion, especially
> Valentine's Day, that calls for highfalutin high-brow sentiments."
> They're not all going to sell, but I only need to move 25 of them
> before I can afford to re-stock my inventory.
>
> You comfortable with that, Terry?
>
> John Noble
>
>
> At 3:55 PM -0400 8/28/06, Terry Carroll wrote:
>> 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.
>>
>>
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Received on Tue Aug 29 2006 - 23:25:01 GMT