SYMPOSIUM REVIEW: COPYRIGHT, DERIVATIVE WORKS AND FIXATION: IS GALOOB A MIRAGE, OR DOES THE FORM(GEN) OF THE ALLEGED DERIVATIVE WORK MATTER? Skip over navigation
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Copyright (c) 2004 School of Law, Santa Clara University
Santa Clara Computer and High Technology Law Journal

SYMPOSIUM REVIEW: COPYRIGHT, DERIVATIVE WORKS AND FIXATION: IS GALOOB A MIRAGE, OR DOES THE FORM(GEN) OF THE ALLEGED DERIVATIVE WORK MATTER?

May, 2004

20 Santa Clara Computer & High Tech. L.J. 991

Author

Tyler T. Ochoa +

Excerpt



I. Introduction
 
Suppose a person sits down at a piano and creates a new arrangement of a popular song. Later, he performs the new arrangement for some friends in the privacy of his home. Has he infringed the copyright in the musical work? Does it matter if he writes the arrangement down instead of memorizing it? 1

Suppose another person cuts a photograph out of a book, mounts it upon a ceramic tile, and displays the mounted photo in her home. Has she infringed the copyright in the photograph? 2 Does it make a difference if she places a transparent piece of pink plastic over the photograph before displaying it? 3 What if she paints the photo with pink watercolor instead of framing it with pink plastic? 4 What if she offers the pink-framed photo for sale at her local swap meet, or on the Internet? 5

Suppose a company creates an electronic device that alters the display of a popular video game. A teenager plays the video game in his home while using the device. Has he infringed the copyright in the video game? If so, is the device manufacturer liable for contributory infringement? 6

Finally, suppose that a person watching a videotape or DVD at home fast-forwards through certain parts of a movie, or presses the mute button during playback. Has she infringed the copyright in the movie? Suppose instead that a company sells software that automatically instructs the VCR or DVD player ...
 
 
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