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Re: copyrightable vs. copyrighted (was Re: databases not copyrightable in the USA)



On Fri, May 14, 2004 at 07:33:47PM -0400, Nathanael Nerode wrote:
> Andrew Suffield wrote:
> 
> > On Wed, May 12, 2004 at 02:36:14PM +0200, Martin Dickopp wrote:
> <snip>
> 
> > The proper terms for what you describe here are "copyright does not
> > subsist in this work", where the verb is "subsist" (alternatively
> > "copyright protection does not subsist", but even lawyers don't
> > usually go that far).
> "This work is not covered by copyright"?

That could mean anything.

> >> It may, however, be
> >> copyrightable, i.e. if another entity had created it, this entity would
> >> have had the copyright w.r.t. the work.
> > 
> > This one isn't a word either. I don't think there is a formal name for
> > this one, as it's not very interesting.
> 
> Actually, I think it's extremely interesting.
> 
> We need to refer to two different distinctions:
> 
> 1. There is a valid copyright on the work. ("copyrighted")
> 2. The work is of a class or works for which copyright "protection" is
> potentially available.  ("copyrightable")
> 
> Nowadays, nearly everything in class 2 is also in class 1.  However, it used
> to be that being in class 1 depended on many additional things beyond the
> nature of the work itself.

I don't see what's so interesting about the group of things in which
copyright would subsist if the world were different.

-- 
  .''`.  ** Debian GNU/Linux ** | Andrew Suffield
 : :' :  http://www.debian.org/ |
 `. `'                          |
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