Questions tagged [derivative-work]

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9
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4answers
2k views

Is it copyright infringement to make a derivative work for personal use in the US?

In this comment, user253751 writes: You cannot create derivative works without permission of the copyright holder (even if you create it and keep it to yourself) really? That seems unconstitutional ...
0
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1answer
57 views

How can I make a sculpture substantially different?

A customer showed me an unremarkable angel figurine she had commissioned. Now that I've seen it, is it possible for me to make her another angel that is not derivative? Two people in the shop did not ...
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1answer
102 views

If a group of photos of apple is used as reference to paint a painting of an apple, does the painter infringe copyright of the photographers?

Say, a group of photographers, Alice, Bob and Craig, take photographs of a non-copyrighted everyday object, an apple. Then, they decide to showcase it in public (without relinquishing any copyrights ...
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3answers
6k views

How close to, or how far from, copyright violation is the movie "Gattaca"?

In 1942 a novel appeared: Beyond This Horizon by Robert Heinlein. The setting is a future time when it has become standard that people's genes are chosen from among their parents' genes by doctors, ...
0
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1answer
36 views

Using images downloaded from Freepik, pixabay etc

Can I legally use static vector images downloaded from freepik or pixabay to create my own animations and then sell them? Their license terms are a bit confusing for me. They say that I can use those ...
0
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0answers
19 views

Help with "Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License"

I have a dataset to be used for Data Science research. This dataset (will be referenced henceforth as the "Original Dataset"), is licensed (to the best of my knowledge) under CCA-NC-ND. I ...
0
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2answers
71 views

Can software vendors add a ToS that would give them monetary privileges over things created by their software?

Imagine that a software user typed an original novel into a word processor (e.g Microsoft Word or Google Docs). Imaging that the software vendor added something to the terms of service (ToS) saying ...
6
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3answers
2k views

Do I own derivatives of my music if I released it under CC without the SA provision?

If I release music under the Creative Commons 4.0 license, without the ShareAlike provision (CC-BY-NC), do I still have the right to use derivatives of my own music however I want, as the creator of ...
1
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1answer
55 views

Creating a cover song for a video game

Based on some cursory internet searches, I understand the following: If you create a cover song, you still need a license for it from whoever owns the original song. If you want to put a song in a ...
1
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0answers
45 views

In the US, is ink transfer from poster to canvas a copyright infringement (outside of Ninth Circuit)?

I ask because Canada and the EU's top courts have come to different conclusions. In Allposters, C‑419/13, the CJEU ruled that though the adaptation/derivative right was not harmonized within the EU, ...
1
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1answer
76 views

When is a summary a derivative work?

When is a summary a derivative work such that it needs the fair use defense to be legal? For example, consider the following: Farm boy fights evil empire. I don't think that this summary of the ...
1
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2answers
45 views

Copyright ownership rights of modified software

Say that I buy a ready-built marketplace platform that is a script sold on codecanyon, re-make that platform more than 60%, and basically make it work entirely different than what it was originally. ...
1
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1answer
84 views

When the Director differs from the script

Let's assume Alice wrote a bestseller. Then she made a script from it. This script is then given to the movie studio in Hollywood, who contracts Director Bob to make the actual film. The studio doesn'...
3
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1answer
108 views

Copyright of derived works without permission

Say Alice produces a copyrighted work. Bob then creates a remix of Alice's work without license or permission to do so, thus violating Alice's copyright. Does Bob still hold the copyright over the ...
1
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1answer
121 views

Original work or derivative work if published posthumously and never previously registered?

I'm trying to determine how a literary work should be registered -- as a derivative work with two authors, or as a derivative work with me as claimant and author? Or neither? Details: My mother wrote ...
-1
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1answer
82 views

Can I use Mario or other similar assets for a banner on my website?

My graphic designer sent me a banner for a gaming website that has Mario on it. He's not the focal point of the banner, but still is clearly visible. My website doesn't sell anything, but makes ...
2
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1answer
74 views

Can I quote an article which license is CC-BY-ND

I have a question about direct quotations (i.e. "copy-and-paste" portions of a work - with ellipses "[...]" if necessary -) and paraphrasing the content of a text article which license is CC-BY-ND. As ...
-2
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2answers
123 views

Right to author book sequel of movie

I would like to write a book that is a sequel to a 2009 movie. I worked out a screenplay but it seems clear that the movie industry will not work on a sequel without permission of the rights owners of ...
1
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1answer
116 views

Is copying an infringing derivative an infringement against the original work's author when copying the original would generally be legal?

Suppose someone creates an unauthorized music video to accompany a popular song, thus making an infringing derivative (assuming fair dealing or other exceptions don't apply in this case). This ...
0
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0answers
36 views

Can a writer keep an editor's edits despite order cancellation?

I wrote an article and hired a freelance editor who delivered a result that didn't match the value of how much I paid him. He agreed to refund me. There are certain edits of his that I would like to ...
1
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3answers
198 views

Is D&D homebrew necessarily a derivative work of the SRD?

Wizards of the Coast, makers of Dungeons & Dragons, fifth edition, has made a subset of the game's core rules (known as the System Reference Document or SRD) freely available under the copyleft-...
2
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0answers
53 views

Is rendering Markdown to HTML considered an "adaptation" under CC BY-SA 3.0?

Title pretty much sums it up. Are the rights given to adaptations granted if someone renders Markdown?
9
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1answer
1k views

Fair Use of Photos as a Derivative Work

This question comes specifically from a particular example. Within Ethics for the Information Age (Quinn), 5th Edition, there is a chapter on Intellectual Property, and while most of it is well-...
3
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1answer
433 views

If I use CC-BY-SA image in a video, must the whole video be CC-BY-SA?

I would like to use an image from Wikipedia, licensed with Creative Commons Attribution-ShareAlike (CC-BY-SA) license, as a part of my video. The image would appear in its original form, possibly ...
22
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6answers
14k views

How can saying a song's name be a copyright violation?

I received an E-mail newsletter inviting me to watch a chorus perform several songs that were arranged for this occasion. They are also selling tickets, so I don't know if half of the profit is sent ...
3
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2answers
190 views

Are fanarts, fansongs, etc not illegal? Then why aren't they being taken down?

Youtube is plagued by works of this kind: https://www.youtube.com/watch?v=MRhRaWNaSPM Deviantart is plagued by works of this kind: https://www.deviantart.com/harwicks-art/art/Know-When-to-Fold-Em-...
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2answers
298 views

Legality of selling transcription services on copyrighted material?

I provide an audio transcription service, for which I charge according to the audio length. Mostly I receive either audios or videos that have been produced by the person or organisation that sent me ...
0
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1answer
43 views

Is it work-for-hire if the hirer doesn't own copyright on collective work?

Per https://en.wikipedia.org/wiki/Work_for_hire#Law_in_the_United_States, work done by an an independent contractor may qualify under work-for-hire if it's a contribution to a collective work. But ...
3
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2answers
921 views

Can you reuse the text of a contract you've signed with one party with another party?

Relations between individuals and business entities are governed by law; what's not specified in the law, can be specified by a mutually-executed contract. Generally, one party provides the actual ...
2
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3answers
179 views

Are olympiad problems and standardized exams copyrighted?

If they are, can anyone change the wording of the exercises and use them? Also could that person be in another country and translate the exercises to another language?
2
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1answer
89 views

To what extent do I have the right to quote other works to parody or reference them?

Do I have the right to have my character "blast off at the speed of light" as a reference to Pokemon's Team Rocket Trio? Do I have the right to have my character lock another character in an office ...
2
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2answers
147 views

Is an adaptation or translation of a public domain hymn also in the public domain?

In Christian hymnbooks today it is common to find hymns that were written in the 1700s or 1800s. However, most of the time these hymns have been adapted, to modernize older language, or to adjust the ...
1
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1answer
130 views

Fictional Character Copyright?

Person 1 creates a fictional character and said character fits guidelines to pass both the Well-Delineated test and the Sam Spade test. The character has a well-detailed description, personality and ...
1
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2answers
206 views

Copyright and Encrypted Backups

A person's computer stores a variety of copyrighted files which they have a license to use and store (such as video games, operating system files, and purchased or freely available media). However, ...
0
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1answer
52 views

Is creating a new GPS trace a derivative work while using GPS-based ADAS?

There is a database of precise GPS traces. A trace from this database can be used in an Advanced driver-assistance system to help keep the vehicle in its lane. The vehicle in question is driven by a ...
0
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1answer
125 views

Can I file a DMCA takedown notice for a derivative book I made without authorization of the author which was published on the internet by my students?

I made a summary book of a larger book and I provided it to my students six years ago. This derivative book has my name on it and was made without authorization of the editorial of the original book. ...
0
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1answer
42 views

If I include in an animation a scene derivative from someone's photograph, would it be copyright infringement?

I'm the author of a realistic 3D animated fiction which has a scene inspired by a photograph. When I saw that picture, I liked the fact that the person in it matches perfectly a character from my work,...
-1
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1answer
61 views

Can I write (and sell) a non-fiction technical book based on other(s) book(s)?

I have been reading and studying a lot of materials about learning. I'm interested in writing a book (in a language different than the original) explaining the same concepts in different ways. In ...
0
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1answer
71 views

Does altering a photo allow someone to use it without infringing upon copyright laws?

Just curious, I am creating a cover for a song that I will be releasing soon on some streaming services and the cover I have designed is pretty simple, minimalistic, mostly original except for one ...
1
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1answer
3k views

Would fair use apply to the usage of Pac-Man within a QR code?

I thought I was rather clever putting Pac-Man and the four ghosts within a QR code for my business card, but I started thinking about the inherently gray copyright laws that I admittedly know too ...
0
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1answer
146 views

How to avoid copyright infringement when quoting/sourcing a reference work?

If I was engaging in a for-profit activity (writing a book that will be sold or starting a monetized blog, for example) that required the use of many scientific facts, how would I go about collecting ...
0
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1answer
180 views

Would someone actually sue me for attributing them?

Imagine my goal were to openly copy copyrighted work in a perfectly legal way. Sometimes people go to court to debate whether someone copied part of a work or made it from scratch. We'll assume I copy ...
1
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1answer
1k views

Can cropping a sprite invalidate copyright?

US Law — Can cropping (sub-sampling) a copyrighted work in some cases be considered an original work that I can copyright? In general, I understand I can't use art from a copyrighted video game for ...
-1
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1answer
140 views

Is spoken R2D2 language illegal?

With the help of http://www.r2d2translator.com/, I try to communicate with users of my android app. For example "warning", results in lots of bleeps that hopefully could be picked up by remote ...
0
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1answer
366 views

Using informations from wikipedia in a paid quiz game

I am trying to create a card game. Physical cards from paper will be used (no computer / mobile game). However, I guess that the form does not matter when considering the folowing question. It will ...
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2answers
2k views

Is modifying software and creating derivative works synonymous?

When granting a software license: the right to modify the software the right to create derivative works Are these two distinct rights or the one and the same right said in two different ways?
1
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1answer
108 views

Is translating and posting comic original text + translation w/o image considered legal?

I'm interested in doing translation for Gundam Japanese comics that haven't been licensed outside of Japan for the purpose of enabling other people outside of Japan to do research (e.g. characters, ...
0
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1answer
244 views

Does copyright for artwork cover redrawings of the artwork?

Let's say I redrew one of the below fairly accurately (maybe even completely accurately), and tried to redistribute it for free or even commercially, would I be in breach of copyright laws? Mona Lisa ...
0
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2answers
3k views

Derivative works vs original work

I have a question regarding copyright law. Take this for example: Company A owns the copyrights of Picture A. Some designer came across this picture and proceeded to save the picture into his ...
0
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1answer
75 views

Product name: legal laws about patent rights

I would like to start an English newspaper in Denmark. I'm not very creative with names. I would like to use a derivative name of big English newspapers. But I don't know if it's legal. So I saw that ...