Subject Matter of Copyright Law in Derivatives Works and Compilations

[ggmarmolalioto]

Subject Matter of Copyright Law in Derivatives Works and Compilations.

(1) Does the copyright in a compilation or derivative work extends only to the material contributed by the author of such work, as distinguished from the preexisting material employed in the work, and does not imply any exclusive right in the preexisting material?

(2) Is the copyright in such work independent of, and does not affect or enlarge the scope, duration, ownership, or subsistence of, any copyright protection in the preexisting material?

US Copyright Law

Yes to (1). The subject matter of Copyright Law in: (i) Derivative Works, (ii) Compilations: (ii.a) Collectives Works Compilations (only copyrightable works) (ii.b) Non-Collective Works Compilations (non-copyrightable material) pursuant to Section 103 (b) extends only to the material contributed by the author of such work, as distinguished from the preexisting material employed in the work, and does not imply any exclusive right in the preexisting material.

Yes to (2). The copyright in such work is independent of and does not affect or enlarge the scope, duration, ownership, or subsistence of, any copyright protection in the preexisting material.

Those who prepare (i) Derivative Works, (ii) Compilations: (ii.a) Collectives Works Compilations (only copyrightable works) (ii.b) Non-Collective Works Compilations (non-copyrightable material) can only claim to their own material, and cannot claim exclusive rights in the pre-existing material.

Argentina Copyright Law

Yes to (1). Even though there is not an explicit language in the Copyright Law Act 11.723 it could be affirmed that the copyright principle asserted in Section 103 (b) US Code Title 17, shall be interpreted in an equal sense in Argentina, hence, pharsed in another way, "the copyright in:

(i) "Derivatives Works by Modification", (ii) "Derivatives Works by Incorporation" (a) "Composite Works or Compilations of Copyright Works" (b) "Composite Works or Compilations of Data/Materials Non-Copyrightable" extends only to the material contributed by the author of such work, as distinguished from the preexisting material employed in the work, and does not imply any exclusive right in the preexisting material.

Yes to question (2) The copyright in such work is independent of and does not affect or enlarge the scope, duration, ownership, or subsistence of, any copyright protection in the preexisting material.

Those who prepare (i) "Derivatives Works by Modification", (ii) "Derivatives Works by Incorporation" (a) "Composite Works or Compilations of Copyright Works" (b) "Composite Works or Compilations of Data/Materials Non-Copyrightable can only claim to their own material, and cannot claim any exclusive right in the pre-existing material.