Does this mean that, in a work that had 10 chapters, where the
following definitions were in place: (abbreviated, obviously)
OGC: Chap 2, 3, 6, 7, 10
PI: Chap 1, 4, 9
Would the other chapters [ 5, 8 ] default to OGC (So all _but_ 1, 4, 9
were open, even though they weren't declared that way?) I've seen
several well-known authors\publishers declare both, with some parts as
neither....
Ryan S. Dancey wrote:
From: "Clark Peterson" <[EMAIL PROTECTED]>
Can I say the "work" is just chapters 2 and
4? Or, in
your view, does the "work" mean the whole book?
The intent of the license is that it apply to all chapters.
This is a required interpretation. Otherwise, it would be possible to
put the things that we didn't want you to be able say like "This
product is compatible with Dungeons & Dragons(R)" on the cover and
claim that it was not a part of the "work" covered by the OGL.
My reading of copyright caselaw indicated that the courts view any
commercial unit sold as a whole as a "work" for the purposes of
copyright licenses. 3 booklets sold in a box is a "work". A magazine
featuring many articles is a "work".
The caselaw regarding anthologies and collections is also pretty
clear: The "work" is the body as a whole, but that body may comprise
many individual components with different copyrights. However, the
collection gains copyright protection as well (you can't make a CD of
Beatles tunes that features the same songs in the same order as "1",
even if you had the individual right to republish the songs themselves,
or even to publish a collection of #1 hits.)
This is the same interpretation I believe should and would be applied
to the trademark license. Otherwise, you could put all the verboten
stuff in a booklet shipped inside the cover of a hardback game and make
a complete RPG, etc.
From my reading, I believe that "work" is
almost always used in the most
expansive way possible. For example, in Anderson v. Stallone, the
court held that the entire script written by Anderson was an
unauthorized derivative work of Stallone's original Rocky script,
despite the fact that the only thing the two works shared in common
were the names of the characters and their general descriptions.
Ryan
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