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Topic: Derivative work

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	Derivative work - Wikipedia, the free encyclopedia
		The rights of the first work's originator must be granted to the secondary work for it to be rightfully called a 'derivative work'.
		A typical example of a derivative work received for registration in the Copyright Office is one that is primarily a new work but incorporates some previously published material.
		To be copyrightable, a derivative work must be different enough from the original to be regarded as a "new work" or must contain a substantial amount of new material.
	en.wikipedia.org /wiki/Derivative_work (908 words)

	Derivative (Site not responding. Last check: 2007-10-21)
		For a work to be considered a derivative work the work must first contain originality and second, be made lawfully as described under 17 U.S.C. § 103(a).
		Derivative works can be copyrighted under Section 103(a), but only to the extent of the author's contribution to the work as distinguished from the preexisting material.
		In this case, the court rejected a test that finds derivative work copyrightable if the form of the derivative work and the form of the underlying work (e.g., three dimensional versus two-dimensional, plastic versus paper, etc.) are sufficiently different.
	www.tabberone.com /Trademarks/folder/Derivative.html (423 words)

	LKMs as "Derivative works"
		Courts interpreting what exactly a derivative work is have been few and inconsistent, leaving attorneys and other commentators on the law with little reliable common law explication of the statute upon which to rely.
		Some courts have required that a derivative work be sufficiently original to warrant a new copyright unto itself in order to rise to the level of a derivative work.
		Derivative works are a complicated aspect of copyright law, and are subject to multiple interpretations.
	www.wasabisystems.com /gpl/lkmderivative.html (706 words)

	lawgirl's copyright basics
		Works published on or after March 1, 1989 are exempt from the notice requirement, though notice is still highly recommended as it puts the world on alert that you are claiming a copyright interest in your work.
		Works that were originally copyrighted before 1950 and renewed before 1978 were granted an extension to their renewal term by an act of Congress (recently again extended).
		Examples of derivative works include multi-media works using preexisting elements, screenplays adapted from books, new musical arrangements, art reproductions or any other work that modifies, is derived from or elaborates upon a preexisting work.
	www.lawgirl.com /copyright.shtml (1640 words)

	U.S. Copyright Office -Copyright Registration for Derivative Works (Circular 14)
		A “derivative work,” that is, a work that is based on (or derived from) one or more already existing works, is copyrightable if it includes what the copyright law calls an “original work of authorship.” Derivative works, also known as “new versions,” include such works as translations, musical arrangements, dramatizations, fictionalizations, art reproductions, and condensations.
		A work that has fallen in the public domain, that is, a work that is no longer protected by copyright, may be used for a derivative work, but the copyright in the derivative work will not restore the copyright of the public domain material.
		The appropriate application form to use to register a claim to copyright in a derivative work depends upon the type of work for which registration is sought.
	www.copyright.gov /circs/circ14.html (1996 words)

	L.H.O.O.Q.- Internet-Related Derivative Works
		To answer that, we should begin by asking, "What is a derivative work?" The two principal references to the term in the 1976 Copyright Act (in which it first appeared as a separate category of work) are in sections 101 and 106(2).
		A "derivative work" is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted.
		Thus, unauthorized preparation of a derivative work is infringement regardless of whether the defendant stores the derivative work in a permanent memory.
	docs.law.gwu.edu /facweb/claw/lhooq0.htm (1965 words)

	Chilling Effects Clearinghouse: Derivative Works
		Whether the first artist has a viable copyrightviolation cause of action against the second artist for violating her right to produce derivative works turns on whether the second artist's appropriation of the first artist's material constitutes fair use.
		A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represents an original work of authorship, is a 'derivative work.'" (emphasis added) 17 U.S.C. §; 101 (1994).
		In short, a derivative work is a whole work based on one or more other whole works.
	www.chillingeffects.org /derivative (748 words)

	Copyright Registration and Derivative Works
		A derivative work is one that is based, in whole or in part, on a pre-existing work (or numerous works).
		works – one for the original and a second for the derivative work – and that this approach was consistent with the purpose of the registration requirement to “add clarity and certainty to the enforcement of copyrights.”
		The practitioner representing a plaintiff pursuing infringement of an unregistered derivative work, when the original work was registered, still may have legal grounds to proceed, depending on the forum.
	www.oblon.com /Pub/HudisSullivanCopyrightArticle.html (2167 words)

	FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
		The district court concluded that A.R.T.'s mounting of Lee's works on tile is not an "original work of authorship" because it is no different in form or function from displaying a painting in a frame or placing a medallion in a velvet case.
		If changing the way in which a work of art will be displayed creates a derivative work, and if Lee is right about what "prepared" means, then the derivative work is "prepared" when the art is mounted; what happens later is not relevant, because the violation of the sec.106(2) right has already occurred.
		If Lee (and the ninth circuit) are right about what counts as a derivative work, then the United States has established through the back door an extraordinarily broad version of authors' moral rights, under which artists may block any modification of their works of which they disapprove.
	laws.lp.findlaw.com /7th/962522.html (1964 words)

	Derivative Works \| Linux Journal
		A ``derivative work'' is a work based upon one or more pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation or any other form in which a work may be recast, transformed or adapted.
		If the FSF claimed these to be derivative works too, THEN I would happily agree with them on their licensing, because it would be consistent, as using the other software in ANY way woudl be a derivative work, but according to them using it one way is a derivative, but using it another, is not.
		The way they worked internally was completely different and one was not derived from the other in any way, except by locking a group of people in a room and asking them to write a spec for a processor that did the same thing as the existing Intel processor.
	www.linuxjournal.com /article.php?sid=6366 (9270 words)

	CLL Articles - What Is a Derivative Work ... (continued) (Site not responding. Last check: 2007-10-21)
		A "derivative work" is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgement, condensation, or any other form in which a work may be recast, transformed, or adapted.
		where the court confirmed that a work had to be "independently copyrightable" in order to qualify as a derivative work for purposes of defeating the author's right to terminate a previous license or assignment by the copyright owner.
		They simply concluded that the defendant's products were derivative works, stressing the broad language of the first sentence of the statutory definition ("any form in which a work may be recast, transformed," etc.) and ignoring the words of limitation ("original work of authorship") found in the second sentence.
	www.cll.com /articles/article.cfm?articleid=26 (2688 words)

	Derivative Works
		Often, however, the copyright proprietor itself does not create these derivative works and allows other parties to use copyrighted materials to create such works and the issue becomes who is the owner of the rights in and to the derivative works.
		The copyright in such work is independent of, and does not affect or enlarge the scope, duration, ownership, or subsistence of, any copyright protection in the preexisting material.
		The Court noted that while the law provides that the creator of the non-infringing derivative work may have the right to claim the copyright in the derivative work, the parties to the authorization transaction may alter their rights to that derivative work by contract.
	www.ivanhoffman.com /derivative2.html (1133 words)

	COPYRIGHT REGISTRATION AND DERIVATIVE WORKS (Site not responding. Last check: 2007-10-21)
		Foregoing the registration requirement for derivative works may blur the distinction between an author’s exclusive right to reproduce original material and the separate requirement to register a derivative work prior to filing suit.[23] However, this is a line of case law to which savvy practitioners must be alert.
		V. When an original author and an author of a derivative work are different, their respective rights are generally addressed by a contract between them.[24] In these situations, it is clear that two works have been created, requiring separate copyright registrations to preserve those rights in court.
		However, practitioners should not overlook claiming infringement of both the registered original and derivative works in order to maximize the benefits of registration, particularly if the author(s) are the same or their interests aligned or the facts otherwise permit.
	www.tabberone.com /Trademarks/Articles/CopyrightRegistration.html (1800 words)

	photoSIG » Copyright, Public Domain, Derivative Work
		A work of authorship is in the "public domain" if it is no longer under copyright protection or if it failed to meet the requirements for copyright protection.
		Works in the public domain may be used freely without the permission of the former copyright owner.
		A work that has fallen in the public domain, that is, which is no longer protected by copyright, may be used for a derivative work, but the copyright in the derivative work will not restore the copyright of the public domain material.
	www.photosig.com /go/main/help?name=help/copyright (512 words)

	Derivative Works
		A derivative work is defined as a work based upon one or more preexisting works.
		To repeat, since the right to prepare derivative works is part of the bundle of rights retained by the author of an original work, a computer programmer who is not the original author must obtain permission from the original author in order to create a derivative work based on the original work.
		In the case of a federally registered work, the US Copyright Office may make an initial determination, but that decision is ultimately determined by a court of law.
	www.lbl.gov /Workplace/patent/ch9.html (1187 words)

	derivative work
		I’m working this year at the NYU Brennan Center for Justice with Marjorie Heins, developing a fair use network.
		Authors and publishers (including publishers of music and film) have relied for years on cheap mass-produced copies protected from counterfeits and pirates by a strong law based on the dominance of copies and on a public educated to respect the sanctity of a copy.
		The transitional technological moment when works could be mass-produced but only with expensive equipment and with relatively expensive resources allowed a chokehold on that production, and certain parties were able to make a killing on that chokehold — record producers, publishers, and the like.
	lquilter.net /blog (4862 words)

	Frequently Asked Questions - CcWiki
		For offline works, you should identify which Creative Commons license you wish to apply to your work and then mark your work either: (a) with a statement such as “This work is licensed under the Creative Commons [insert description] License.
		The disclaimer means that the licensor is not guaranteeing anything about the work, including that she owns the copyright to it, or that she has cleared any uses of third-party content that her work may be based on or incorporate.
		A derivative work is a work that is based on another work but is not an exact, verbatim copy.
	wiki.creativecommons.org /FAQ (7976 words)

	Fan-derivative works under Creative Commons?
		"I worked hard to make that sequence and some brat just takes it?" "You don't own the rights to the footage in the first place, why does it matter?" "OMG DBZ R0XXORS!" etc. Fan work is derivative, copyright on it belongs with the original copyright owner.
		Since the work is derivative and you don't have the rights, you cannot legally CC license the work.
		But as things stand, fan work in general can't be CC'd as the fans don't have the rights to the work that the CC licenses need to operate.
	lists.ibiblio.org /pipermail/cc-licenses/2004-October/001168.html (589 words)

	Derivative Works: Derivative Works Art Manifesto
		And it’s not OK for anyone to tell anyone else that certain parts of their experience of the world (the text, images, and other owned matter that they consume all day) is not OK to make new art with.
		It's better for someone with little money to make a derivative work from a company that has lots of it than the other way around.
		Derivators should ackowledge the original content and the content owner should get paid if and when revenue is generated by the derivative work.
	juggernautco.typepad.com /dxo/2005/12/derivative_work.html (608 words)

	Lenz Blog: Index as Derivative Work?
		Under American law, that would be the question if the index is a "derivative work" under 17 USC 106 (2).
		Even if the act of indexing is not creation of a derivative work, the original act of harvesting the cache clearly is a reproduction under 17 USC 106 (1).
		An example of a use that is clearly not a derivative work is a book catalog or a Amazon listing.
	k.lenz.name /LB/archives/001087.html (512 words)

	Fair Use And Derivative Works
		A derivative work may be itself copyrightable but any copyright is limited to the features that the derivative work adds to the original.
		In the words of a leading copyright treatise, “Unless sufficient of the pre-existing work is contained in the later work so as to constitute the latter an infringement of the former, the latter by definition is not a derivative work.” 2 Nimmer on Copyright § 8.09[A], p.
		Both issues, fair use and derivative works, are not given to neat, bright red-lined boxes, as is the nature of law in general.
	www.ivanhoffman.com /fair6.html (2029 words)

	gladwell.com: The Derivative Myth
		That's like saying the work of a DJ is derivative of the work of the record companies, or the work of a chef is derivative of the work of the farmers.
		Derivative work is any discussion, commentary or observation of information that has been established prior.
		Those blogs - be they derivative or primary sources - that garner enough attention to move up the tail over time (eventually becoming hits) draw attention to the fact that the MSM has been found wanting in some way.
	gladwell.typepad.com /gladwellcom/2006/07/the_derivative_.html (9880 words)

	FAQ about Derivative Works -- Chilling Effects Clearinghouse
		The Ninth Circuit held that the tiles were derivative works and infringed on Nagel’s copyright.
		The court found that the sculpture was not a fair use, in part because the sculpture damaged the photographer’s potential market for derivative works.
		That means that your partner is also free to make changes to the original published work—your creation of a derivative work doesn’t prevent her from making one too.
	www.chillingeffects.org /derivative/faq.cgi (2032 words)

	Re-conceptualizing Traditional Approaches to Defining Copyright Infringement (Site not responding. Last check: 2007-10-21)
		a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted.
		To be a derivative work then, the work must first be original; second, the work must "fixed in a tangible medium of expression;" and, third, the transformation or adaptation must be lawfully made.
		Though the court did not address whether the television framing created a derivative work, it did conclude that the poster was central enough to the scenes in which it was placed and distinct enough at least to constitute an unauthorized reproduction.
	gsulaw.gsu.edu /lawand/papers/fa99/lisby (4002 words)

	Copyright Derivative Works and Compilations - MegaLaw.com
		Derivative Work Rights - from Ocean State Lawyers for the Arts.
		Derivative Works Need Only Be Original - from Oldham and Oldham
		Ninth Circuit Cases on Derivative Works 4 Feb. 2000
	www.megalaw.com /top/copyright/copyrightderiv.php (270 words)

	Art world finds new directions in derivative work
		It was viewed at the time not so much as the work of a genius as of a fool.
		Just as the Internet and blogs have made it possible for anyone to be a scribe, the 'Net and access to video technology are making it possible for anyone to make and distribute their own fiction, movies, music and art.
		And while that is new, what is produced will mostly be derivative, for many reasons, chief among them being we are a derivative species, living in a derivative country.
	www.azcentral.com /ent/movies/articles/0110remakes0110.html (1082 words)

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