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Old Feb 15, 2004, 11:05 AM   #7
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The first article also refers to 'film' work. The second is more about the 'net' excerpt:

The problem of ``fixation'` as it relates to photo's on the Net will usually arise in the context of whether or not a photograph was ``copied'` by an infringer.[10] Certain ephemeral artworks like the type produced by Christo, have been the subject of controversy in terms of the fixation requirement for copyright protection.[11]

In the context of copyright protection for computer programs the Ninth Circuit held in MAI Systems Corp. v. Peak Computer Inc., that ``copying for purposes of copyright law occurs when a computer program is transferred from a permanent storage device to a computer's RAM [random access memory].'`[12] The court described fixation as ``sufficiently permanent or stable to permit [them] to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration.'`[13] This decision as it relates to photos on the net may be a practical problem of proof. Net photos, like Christo's sculptures, may be here today, gone tomorrow. Consequently the problem will be a whether a ``copyright claimant will be able to provide a court documentary evidence of the copyrightable subject matter.'`[14]

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