On Mon, 11 Apr 2005 22:43:20 -0400 Raul Miller wrote: [...] > On Tue, Apr 12, 2005 at 12:21:40AM +0200, Francesco Poli wrote: [...] > > In Italian author's right law ("legge sul diritto d'autore"), there > > is no use of or definition for the term "derivative work", AFAICS. > > > > The law speaks about collective works ("opere collettive") and > > creative elaborations of the work ("elaborazioni di carattere > > creativo dell'opera"). > > The former term refers to works that result from joining other works > > or parts of works in a creative way (by means of choice and > > coordination for a specific goal). > > The latter refers to substancial transformations and modifications > > (of a work) that have creative character. > > This may just be a notational difference. I think it is: Italy *is* a member of the Berne Convention and consequently cannot have an author's right law that differs too much from other ones in the Berne Convention area (AFAIK)... > > In U.S. law, similar concepts exist. Yes, I knew that. > The law talks about collective > works and derivative works, and to a casual reader it appears as > though collective works are in some way different from derivative > works. Why? Are collective works and derivative works the same thing? I don't think so: Quoting http://www.copyright.gov/title17/92chap1.html#101 | A "collective work" is a work, such as a periodical issue, anthology, | or encyclopedia, in which a number of contributions, constituting | separate and independent works in themselves, are assembled into a | collective whole. | | A "compilation" is a work formed by the collection and assembling of | preexisting materials or of data that are selected, coordinated, or | arranged in such a way that the resulting work as a whole constitutes | an original work of authorship. The term "compilation" includes | collective works. [...] | | A "derivative work" is a work based upon one or more preexisting | works, such as a translation, musical arrangement, dramatization, | fictionalization, motion picture version, sound recording, art | reproduction, abridgment, condensation, or any other form in which a | work may be recast, transformed, or adapted. A work consisting of | editorial revisions, annotations, elaborations, or other | modifications, which, as a whole, represent an original work of | authorship, is a "derivative work". [...] > I'd be surprised if Italian law didn't have this same basic structure, > though perhaps with different details. IIUC, Italian law have very similar structure, at least with respect to derivative and collective/compilation works: it just happens to use a somewhat different terminology... -- :-( This Universe is buggy! Where's the Creator's BTS? ;-) ...................................................................... Francesco Poli GnuPG Key ID = DD6DFCF4 Key fingerprint = C979 F34B 27CE 5CD8 DC12 31B5 78F4 279B DD6D FCF4
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