tag:blogger.com,1999:blog-5764290.post1220418285673628636..comments2024-03-18T07:00:59.438-04:00Comments on Rebecca Tushnet's 43(B)log: Something I wondered about SocialCam before I blocked itUnknownnoreply@blogger.comBlogger3125tag:blogger.com,1999:blog-5764290.post-66877413409499207872012-07-07T00:23:37.238-04:002012-07-07T00:23:37.238-04:00I can see that. The idea that "recording"...I can see that. The idea that "recording" applies only to the fixation of something happening in real time is reflected in various places in copyright law, e.g. 1101, the definition of "sound recording," and the line of cases from <i>Burrow-Giles</i> on that treat the controller of the fixation technology as the author. These all regard recording as an authorially significant event. So this may hinge on whether "recorded" is problematic because it implies that SocialCam played a meaningful role in making the videos what they are, or because it implies that SocialCam was a tool used by the true creators of the videos. "Recorded by Sony Pictures" vs. "Recorded by Sony video cameras."James Grimmelmannhttp://laboratorium.netnoreply@blogger.comtag:blogger.com,1999:blog-5764290.post-81465570581449758492012-07-06T16:13:41.933-04:002012-07-06T16:13:41.933-04:00I agree, but Dastar has been applied to bar other ...I agree, but Dastar has been applied to bar other claims I thought obviously went beyond "by," and recorded v. copied might not be enough.RThttps://www.blogger.com/profile/00850241338827117087noreply@blogger.comtag:blogger.com,1999:blog-5764290.post-50101689981736513852012-07-06T15:53:40.401-04:002012-07-06T15:53:40.401-04:00SocialCam isn't even rerecording, so I have a ...SocialCam isn't even rerecording, so I have a hard time seeing how the claim "recorded with Socialcam" is anything other than false. It's reproducing the video files, perhaps transcoding them, but "recorded" in this context would imply that SocialCam had some role in capturing the live events in video form, which it didn't.James Grimmelmannhttp://laboratorium.netnoreply@blogger.com