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Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.

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.

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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