Jim Henderson wrote:
>> I can have a compilation copyright on a collection of individually
>> copyrighted stories, if you want to talk about prose, yes?
> 
> Yes, provided that you have acquired the rights to the individual stories 
> from the authors/publishers of the individual stories.

Yes, but obviously I'm talking about the case where you didn't aquire those 
licenses.

Anyway, I don't know that I'm knowlegable enough to resolve this, so I'll 
defer it to you.

>> Right. But without the license, they can't make copies even tho they
>> hold the compilation copyright.
> 
> Well, no, because the compilation copyright would be infringing on the 
> rights of the individual "contributors", so it wouldn't be a valid 
> copyright.

Sure it would. I can put together five of your stories and call it a 
compilation. I don't get to publish it, because I didn't get a license from 
you. You don't get to take my work, tho, and make copies either.

> Well, no, you have multiple entities with copyrighted content in the 
> work, and if the "compiler" of the works doesn't seek permission to use 
> them, then their copyright is invalid for the work as a whole (it would 
> be valid for the parts they created or got rights to use), but if they 
> don't have clear use rights to all of the content in their work, then 
> they can't distribute it.

I'm not sure that invalidates the copyright, tho. I think it just means they 
don't have license to publish it, and I think that's a separate thing.

I could be wrong, tho.

> By definition, the "exclusive" means "not shared".  If someone creates a 
> work based on mine (a "derivative work"), the copyright they hold to that 
> derivative work is contingent upon my granting them the rights to use my 
> work (or a portion thereof where it's not covered by fair use doctrine).  

See, I don't think that's the case. I think they can apply for and obtain a 
copyright on the work, and I think that *you* don't have the copyright on 
their derivative work.

If you write a series of stories about Meteor Man, and then I write a new 
story about Meteor Man without your permission, who owns the copyright on 
*my* story, if anyone?  You? It's my story.  Me? It's your character. 
Nobody? It's public domain and you can't control the copying. Both of us? 
Neither of us can publish without the other's permission, which I think is 
the right answer.

> While I don't disagree that it is complicated by international 
> boundaries, I think there's a bit of wiggle room when it comes to the 
> question of "is copyright infringement theft?".

Possibly. I think the US supreme court has indeed said that copyright 
infringement isn't theft.

-- 
   Darren New, San Diego CA, USA (PST)
   There's no CD like OCD, there's no CD I knoooow!

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