Måns Rullgård wrote:
Lewis Jardine <[EMAIL PROTECTED]> writes:
>
What is the correct term for a work that combines two other works,
created without creative input?
An anthology, or a compilation, I think.
From Title 17, Sec 101:
A ''collective work'' is a work, such as a periodical
issue, anthology, or encyclopedia, in which a number of
contributions, constituting separate and independent
works in themselves, are assembled into a collective whole.
A ''compilation'' is a work formed by the collection
and assembling of preexisting materials or of data
that are selected, coordinated, or arranged in such a
way that the resulting work as a whole constitutes an
original work of authorship. The term ''compilation''
includes collective works.
I don't think those are the appropriate terms; it would appear that a
compilation (including collective works) need to be original works of
authorship. That requires creative input.
If it isn't creative, it isn't a work under copyright law. See, e.g.,
Fesit v. Rural Telephone Service, holdings (a) and (b).
http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=US&vol=499&invol=340
AFAICT, the output of the compiler is treated under copyright law the
same way the source code would be; I supect the best term we have for
this situation is "mere aggregation" of two seperate works. IOW, 'ld' in
this case is performing the same function 'tar' normally would.
