On Wed, 24 Mar 1999, Rod Dixon <rod[_at_]cyberspaces.org> wrote:
>
> If your point is that section 103(a) is self-executing, then I am
> unclear how so. Secton 103(a) qualifies the subject matter of
> copyright in a compilation, but if the copyright owner of the
> preexisting, subsisting material does nothing, that would seem to
> end the matter for practical purposes.
Let's imagine that B creates an unauthorized derivative work unlawfully incorporating A's copyrighted expression, but A does not care, or in any event, does not sue. Now let's imagine that C steals portions B's work, and B sues C for infringement. C can argue, sucessfully in my view, that under section 103, B lacks a valid copyright in any portions of her derivative work that incorporate A's work unlawfully. That means that B doesn't own a copyright in that portion of her work, and cannot recover for its unauthorized use by another. It also means that anyone with a license from A can bodily appropriate the authorship of B.
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