Re: Use of copyrighted materials by state agency

From: Dan L Burk <BURKDANL[_at_]shu.edu>
Date: Thu, 30 Jul 1998 11:31:56 -0400

On 07/29/98, John Noble <jnoble[_at_]dgsys.com> wrote:
>
> But if the license is not enforceable, don't we resort to default rules
> of copyright that would bar reproduction and distribution of works
> contained on the purchased CD. I mean if the express license is a
> nullity outside the 7th Circuit, what's the source of the right to
> reproduce the clipart at all -- an implied license?

Possibly yes, depending on what a reasonable person purchasing clipart under a first sale regime would believe were the terms of the sale (i.e., you simply can't use clipart without some RAM copying occurring -- if that were prohibited, who in their right mind would buy it?) Note, though, that in the particular case cited, that of a state agency, there is essentially no penalty for reproducing and distributing the works anyway.

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Dan L. Burk
Seton Hall University
burkdanl[_at_]shu.edu

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Received on Thu Jul 30 1998 - 15:25:34 GMT