Re: Copyright in Fireworks

Mark Lemley <mlemley[_at_]mail.law.berkeley.edu> wrote:
>
> Bruce Hayden <bhayden[_at_]ieee.org> wrote:
> >
> > I think that you go too far with the Motorola case. My view is that
> > the copyright of the games remains intact, bur rather, the facts of
> > the game, such as when which team scored which points, is not
> > covered. Thus, you can't tape and rebroadcast the game without
> > the permission of the copyright holder, but you can broadcast when
> > each of the teams scores, who did the scoring, etc.
>
> Who is the "author"?

Daniel J. Schaeffer in a parallel posting has suggested that each person simultaneously fixing the work is an author.

I think that Mark asks a good question here. I don't think that there is any debate any more that simultaneously taping a ball game is sufficient fixation to qualify for copyright protection. The question though is exactly who is the author of the work. Is it anyone "fixing" the work? Is it the person "fixing" the work under authority of the atheletes? Is it the atheletes? My vote is for everyone who originally fixes the sounds, images, or both.

=>see 17 USC 101 on defining "fixed":
  A work is "fixed" in a tangible medium of expression when   its embodiment in a copy or phonorecord, by or under the   authority of the author, is sufficiently permanent or stable   to permit it to be perceived, reproduced, or otherwise   communicated for a period of more than transitory duration.   A work consisting of sounds, images, or both, that are being   transmitted, is "fixed" for purposes of this title if a   fixation of the work is being made simultaneously with its   transmission.

Any help that you can give me here would be most appreciated.

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Bruce E. Hayden                      bhayden[_at_]acm.org
Phoenix, Arizona                     bhayden[_at_]ieee.org
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