RE: VERY interesting copyright article

Roe,Kevin (Kevin.Roe@fwcs.k12.in.us)
Fri, 2 Feb 2001 04:56:24 -0800 (PST)

Semantics, Darryl. Regardless of the official definition of the word
"derive" (or any of its derivatives :-)), the intent of the law as it was
written was to discourage and prevent people from infringing on the
copyright of another entity, no matter what their reason for doing it.
Taking a video and removing portions of it, for whatever reason, is creating
a derivative work, which is illegal. I think that the courts would be in
agreement, and I would bet that it is just a matter of time before this
guy's practice is shut down.

-----Original Message-----
From: Darryl Wiggers [mailto:Darryl.Wiggers@AllianceAtlantis.com]
Sent: Thursday, February 01, 2001 5:23 PM
To: Multiple recipients of list
Subject: RE: VERY interesting copyright article

> I have a hard time understanding the mentality that says "if I don't
> care for the law, the law be damned, I'm gonna do whatever I want".

Me too. That's not what I'm saying is happening. That's not what Mr.
CleanVideo is claiming.

> You stated that you wanted to see something in writing that says
> what this guy is doing is wrong? This URL is for the Copyright
> Office: http://www.loc.gov/copyright/circs/circ1.html

Yeah, I know. I've seen it many times before.

> If you go here and click on the first hyperlink (What is copyright),
> you will see in writing that creating derivative works is the RIGHT
> (this includes granting permission to alter the original) of the
> copyright holder, be that the original author or the publisher to
> whom the copyright belongs. It's real simple: you simply cannot
> change the essential nature of someone else's work without their
> permission.

Good. Now maybe you can do me a favour: reach for your dictionary and look
up "derivative." Better still, look up "derive." Read it carefully. Now my
version for the definition of "derive" starts by saying "to receive or
obtain from a source of origin... to trace from a source or origin... to
produce or obtain from another..." and the definition of "derivative" is
"derived... the act or fact of deriving or of being derived... the process
of deriving..."

It doesn't take a lot of effort to realize that's NOT what Mr. CleanVideo is
doing.