Re: Altering Programs

On 2/15/99, Mark Lemley <mlemley[_at_]mail.law.utexas.edu> wrote:
>
> It's also worth noting that the 7th Circuit (Lee v. ART) and the
> D. Puerto Rico (L'Enfantil) have disagreed with Mirage on what
> constitutes a derivative work.

Yesssss! Go, Judge Easterbrook! Unfortunately, he doesn't *quite* reach the issue of whether it is infringement to make original and substantial changes to one's own copy of a mass-marketed (as opposed to VARA-protected) work, and bases his decision instead on the notion that the act of gluing the artwork to tiles and covering the whole thing with resin does not rise to the level of "recasting," "transforming", or "adapting" the underlying work.

-Ari

Ari Kahan
<akahan[_at_]netcom.com>