[FC-discuss] New Girl Talk

[Rob Myers]

Elizabeth Stark wrote:
>       I am also not sure one can have a copyright interest in an
>     unauthorized derivative work.  
> 
> 
> Yeah, the caselaw that I recall says that you don't..

You can gain copyright on an unauthorized derivative through Fair Use, 
can't you? Or does fair Use just excuse the infringement?

> although we have 
> discussed hypotheticals in law school where when the infringing part is 
> so separate from the rest of the work that there may still be a 
> copyright in the rest of it (imagine a 3 second sample once during a 10 
> minute song.) This is not the case here.
> 
> But what that means is GT has no copyright of his own. Fascinating..

And so GT cannot NC the work, because they are not the copyright holder...

- Rob.