Re: Abolish Reproduction Right

From: Kaye Caldwell <kaye[_at_]ix.netcom.com>
Date: Thu, 03 Apr 1997 12:21:21 -0800

On 4/1/97, Bob Stock <bstock[_at_]ucla.edu> wrote:
>
> On Mon, 31 Mar 97, Robert Cumbow <CUMBR[_at_]perkinscoie.com> wrote:
> >
> > The fact that reproductions "are no longer tangible" should make no
> > difference. One of the requirements for copyright protection is
> > that the ORIGINAL COPYRIGHTED WORK be "fixed in a tangible
> > medium." I don't recall any requirement that an unauthorized
> > reproduction has to be tangible in order to be an infringement.
>
> I disagree. The fixation requirement carries over into the copies.
>
> 17 U.S.C. 106(1):
>
> "to reproduce the copyrighted work in copies or phonorecords."
>
> 17 U.S.C. 101:
>
> "'Copies' are material objects, other than phonorecords, in
> which a work is fixed by any method now known or later developed,
> and from which the work can be perceived, reproduced, or otherwise
> communicated, either directly or with the aid of a machine or
> device. The term 'copies' includes the material object,
> other than a phonorecord, in which the work is first fixed."

I always consider the medium in which the work is fixed as being tangible, not the work itself. The work and the medium are different things. I note the use of the word "includes" in 17 U.S.C. 101, as quoted below.

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Kaye Caldwell - (408) 479-8743 - Fax: (408) 479-9247 - E-mail: KCaldwell[_at_]SoftwareIndustry.org
Editor, Software Industry Issues (www.SoftwareIndustry.org/issues/) President & Policy Director, Software Industry Coalition (www.SoftwareIndustry.org/coalition/)
Policy Director, CommerceNet (www.commerce.net/work/appc.html) President, Computer Software Industry Association (www.SoftwareIndustry.org/csia/)
Legislative Director, Software Forum (www.SoftwareForum.org/)

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Received on Thu Apr 03 1997 - 20:16:45 GMT