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scott wrote:
>>> Then if he really wants a monopoly on the postcard selling market
>>> (maybe he doesn't), he shouldn't put the object in a public place
>>> (where anyone is free to make their own postcard with a camera and
>>> printer).
>>
>> It doesn't work that way.
>
> Any examples where people were successfully prosecuted for doing stuff
> with publically available works and making money from it?
>
>
Yes, http://www.webcitation.org/5iZbZU3o9 or any of the lawsuits against
file sharing websites.
In the USA, and elsewhere*, just because a work is available does not
mean it is okay to copy it. Let's start with an easy example, a book.
Alice the Author writes a book, sells the manuscript to a publisher,
Bob, who buys the right to print that book. That may be in straight
cash, or part of the profit, doesn't matter really. Alice still has his
copyright, because she wrote the book on her time and not as part of a
"work-for-hire". So, now that Bob's company has permission to print that
book, they do. Bob starts selling those books, expecting to make a
profit. Alice might even do a reading from the book for a promotional
tour, or books on tape.
Now, Eve else comes along, buys a copy of the book and takes it to her
own publishing house. She makes some quick copies of the book, and puts
them back on the market at a much lower price. Maybe she makes a
different book on tape, reading the words herself instead of using the
recording of Alice. When Eve got caught doing this, the fines would fly.
What you are describing, the object being publicly available, does not
suddenly invalidate Alice's right to determine how her work is used.
That is what copyright really is. And this works for radio broadcasts as
well. The musician (or copyright house) owns the music, and they are
allowing the station to broadcast it. They are not giving anything away,
but allowing the listeners to hear it without paying a fee.
*I don't know much about international copyright, or copyright laws in
other countries.
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