RE: [dvd-discuss] Eldred Amicus

["Arnold G. Reinhold" <reinhold(at)world.std.com>]

At 7:50 PM -0700 5/30/02, microlenz@earthlink.net wrote:
>On 30 May 2002 at 21:23, Arnold G. Reinhold wrote:
>
>...
>> If the original work has passed into the public domain, you can
>> always copy that. If the additions for the new work (with new
>> copyright) are small, you should be happy to simply use the older
>> edition.
>
>If readily available. But what's to stop me from taking the non PD version on
>super mediacomparing it with PD version on old decrepit media and extracting
>the parts that are PD and creating a copy of the PD version in the 
>super media.
>
>>The only problem I see is if the new version is of higher
>> quality, say a DVD vs. VHS.  Then the question arises as to what
>> happens if you copy the from the new version only the material that
>> was in the old version. Is that fair use or even simply non
>> infringing? Is there any case law?
>
>Neither and no case law is needed. THe copyright is on the work NOT the
>media.Copying the parts that are in the PD to create a version of the PD work
>in a new media is not infringement since those parts ARE in the PD 
>and there is
>NO copyright. So no fair use defense is necessary. No case law is needed but
>precedent have already been set. Does a sound recording released on 78 gain
>more copyright term when released on 33, then cassette, then CD, then DVD-
>Audio? (Consider Rachminoff's recording of his Second Piano COncerto with the
>Philadelphia Philharmonic directed by Leopold Stokowski in the 30s...my mother
>bought it on 78. I bought it on 33 and last year I bought it on CD <exercise
>for the alert reader. Does the mere mechanical act of equalization 
>and cleaning
>up scratches make it eligible for further copyright protection? If so what are
>the societal consequences?) Does the reproduction of a facsimile of
>Shakespeare's works gain new copyright? I have a facsimile reproduction of the
>first english translation of Dumas' "Corsican Brothers" put out by a fairly
>well known university press. Does THAT get copyright protection? And if I give
>it to a mere photographically produced copy, why doesn't the original have
>protection? (BTW-makes a better movie than a book but it was on a book for a
>buck. The facsimile is interesting because the style of books has changed over
>the years from small type in double columns to larger type in one column)
>
>WRT to copyright Marshall Mclune was wrong "The medium isn't the message"
>

Absent statutory language, legislative history or case law, that's 
just your opinion. I happen to agree with it, but you'll notice the 
absence of the word "Judge" in front of my name.  I can see the 
original holder making the argument that the modified work is 
copyrighted in its entirety and the only basis you have for making a 
copy is fair use. Then apply four part test. Assuming your copy is 
for commercial release, it doesn't seem clear as to what the outcome 
would be in court.

At 9:06 PM -0700 5/30/02, D. C. Sessions wrote:
>On Thu, 2002-05-30 at 18:23, Arnold G. Reinhold wrote:
>> If the original work has passed into the public domain, you can
>> always copy that. If the additions for the new work (with new
>> copyright) are small, you should be happy to simply use the older
>> edition. The only problem I see is if the new version is of higher
>> quality, say a DVD vs. VHS.  Then the question arises as to what
>> happens if you copy the from the new version only the material that
>> was in the old version. Is that fair use or even simply non
>> infringing? Is there any case law?
>
>The problem is bit rot.  Planned obsolescence of media.
>By the time the original Star Wars enters the public
>domain (even if we turn the clock back to 50 years)
>there won't be any surviving videotapes of the original,
>there won't be any surviving players for them, and there
>won't be any TV sets capable of displaying NTSC format.
>
>All of the new copies will of course have additions and
>new copyright dates.


That's what the studios hope, of course, but it's no so clear it will 
happen. Disk capacity is exploding faster than Moore's law.  See 
http://www.sigmaxi.org/amsci/Issues/Comsci02/Compsci2002-05.html
  for an interesting discussion. Terabyte PC's for the home are coming 
soon. Petabytes are down the road. DVD-R is here now.  Copying from 
disk to disk as you upgrade defeats bit rot.


Arnold Reinhold