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Re: GNU clarification


From: Hans Aberg
Subject: Re: GNU clarification
Date: Mon, 9 Jan 2006 20:19:26 +0100

Copyright only apply to the work parts of a work originated by humans. So it is not possible to claim copyrights for mere machine processing, and no acknowledgment is needed for that. It is though possible, in part, to restrict the use of a copyright, as long as it it does not restrict customary use of ownership of copyrighted material. For example, if you own a copyrighted book, you can freely sell it or do whatever you want to do with it, as long as it does not violate the rights of the copyright owner (like reprinting would), and it is not possible for the copyright owner to restrict that owner right. Computer software is in this respect no different than books; see:
    http://www.wipo.int/treaties/en/ip/wct/index.html
    http://www.wipo.int/treaties/en/ip/wct/trtdocs_wo033.html
    http://www.copyright.gov/circs/circ1.html
If work is made up by differently copyrighted components, different legal principles apply. For example, if a composer makes a work, which a performer performs in an recording, then there was a case involving the Beastie Boys (see the Usenet newsgroup rec.music.theory), where the performer, but not the composer part, was viewed as copyrighted. The legal principle indicated by the court is that for a material to be considered copyrighted, there must be sufficiently creative human work involved to make it unique. The snipped from the composition was too short to make it attributable to the composers special creative imagination.

And as for licenses, they must be properly legally registered for each licensee (in advance of any purchase or use), as the user must give up the owner rights granted by copyrights. So most licenses sprinkled by the computer industry are probably not legally valid due to absent or improper legal registration, but copyright still apply.


On 9 Jan 2006, at 17:44, Vaylor Trucks wrote:

I was not able to (quckly) find this info on the site or in the list archives. Suppose I want to use Lilypond to generate output which would then be inserted into a book which I intend to sell:

1. is this a violation of the GNU?
2. if not, what attribution (if any) needs to be present in the final materials?




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