Questions tagged [derivative-work]

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Does acknowledging derivative works reduce the ability for a license-holder to seek legal remedy?

Suppose Alice owns an IP for Aliceland. Without Alice's permission, Bob creates an Aliceland fanfiction, Bobland. I'll take it for granted that this is a derivative work, in violation of Alice's ...
Brian's user avatar
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7 votes
3 answers
1k views

Does a Creative Commons license permit tracing of a licensed artwork if derivatives are permitted?

Background If an artist releases their artwork under a Creative Commons license, they have the option to permit a user of the work to create derivatives of said work. Assuming the artist uses the ...
Malle Yeno's user avatar
0 votes
2 answers
117 views

Can you be accused of copyright infringement for basing a commercial work on anonymous internet content?

There is a horror story from 4chan which I feel would make an excellent film if adapted into a full-length screenplay, and I was pondering the implications of this. The story was anonymously posted ...
temporary_user_name's user avatar
1 vote
1 answer
85 views

Is it fair use of copyright to create and distribute a simulation model from a copyrighted schematic?

Let's say if company A developed an electronic product. A published the product's datasheet on its website free to the public, copyright of the datasheet is owned by A. One part of the datasheet is ...
Ligon Liu's user avatar
0 votes
2 answers
54 views

Is this a derivative/copyright violation? [closed]

Upon analyzing the image, it appears that the concept was derived from our copyrighted image. Is this a violation of our copyright under the derivative clause?
Craig M's user avatar
2 votes
1 answer
33 views

What is the Intellectual Property Status of a Course based on a Text Book?

When creating a course, even if you do not use figures or material from the book, might follow the flow or structure of the book to a certain extent. I guess you might also be able to use some ...
Suminda Sirinath S. Dharmasena's user avatar
4 votes
1 answer
223 views

Are lone excerpts considered derivative works?

Specific context: I am in the United States as is the owner of the work. The work is licensed under CC-BY-NC-ND 4.0 Someone has digitized a public domain reference dictionary and posted it on the ...
Nitin's user avatar
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1 vote
2 answers
187 views

Who has copyright when photographs are retouched or edited?

Client B took photos and hired Contractor A to retouch or edit them. Client B retains the copyright for the originals, but who owns the copyright for the retouched/edited photos?
user294265's user avatar
6 votes
1 answer
1k views

Are online file converters legal?

Online file converter: Web-based tool or service that allows you to convert files from one format to another through the internet. Users upload a file in a specific format, it is converted on the site'...
MrAnima's user avatar
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2 votes
0 answers
34 views

Can I republish my derivative work using a new license?

Some background: the System Reference Document 5.1 ("SRD5") is an original work owned by Wizards of the Coast ("WotC"). WotC currently authorizes derivative works of SRD5 using two ...
ikkyblob's user avatar
3 votes
1 answer
64 views

Copying a parody of a movie using a fan's 3D model

I really like a board game. This game includes artistic references (as parody) to a well-known movie. I wanted to improve the pieces of the board game (which were 2-dimensional) to augment my own ...
RedElephant's user avatar
4 votes
3 answers
1k views

Why is a cover song not fair use? (But parody songs are?)

Considering fair use law, parody, transformative works: Weird Al always asks for permission for his parodies but many law professionals have stated he would not have to. Considering all this, why does ...
Opcode's user avatar
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2 votes
2 answers
427 views

Why are app mods often illegal, but Chrome extensions are seemingly not?

It seems that app mods, such as for games, are generally considered to be derivative works and thus illegal. Chrome extensions, though, don't have the same reputation, even for the well-known ...
hodler's user avatar
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1 vote
0 answers
51 views

Is a musical work bearing the name of a character from another's novel considered a derivative work [duplicate]

If a composer wanted to write a piece of music inspired by a novel written by another person, which of the following would count as a derivative work? Setting the actual text of the book in music to ...
nuggethead's user avatar
0 votes
1 answer
88 views

Will reusing the hero attribute and faction names from another game cause the new game to become a derivative work?

In DotA 1, the heroes are organized into three attributes: Strength, Agility and Intelligence and 2 factions: Sentinel and Scourge. Will reusing all of these names mentioned will cause a new game to ...
user avatar
1 vote
2 answers
212 views

How much names can be reused from another work?

Apparently using only 1-2 names from another work would not be sufficient to cause a work to become derivative, but is there a maximum limit of how many names can be reused?
user avatar
4 votes
1 answer
99 views

Do I have copyright in a semi-diplomatic transcription?

I'm a member of a small team of volunteers who have transcribed and translated several 17th century documents (in abbreviated Latin). The documents obviously are long out of copyright (if copyright ...
arkessian's user avatar
7 votes
3 answers
1k views

How does copyright apply to rules, eg ISO standards?

As I understand it, copyright applies to creative expression and not for examples rules of games. Does this also apply to the ISO standards (example, costs CHF 158)? For example, could one re-write ...
User65535's user avatar
  • 6,536
5 votes
3 answers
574 views

Can Disney use its trademarks to stop reproductions of Mickey Mouse even after "Steamboat Willie" enters the public domain?

Steamboat Willie will enter the public domain in the USA in 2024. Does this mean that people in the USA will then be able to reproduce the Mickey Mouse depicted in that film and make derivative works ...
Flux's user avatar
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1 vote
1 answer
103 views

Is a program capable of creating a derivative work itself a derivative work?

Github copilot is an AI application developed by Microsoft, trained on code available online including that within the github code repository. It outputs code that may solve problems presented as a ...
User65535's user avatar
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-1 votes
1 answer
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Does Wikipedia's Creative Commons License Apply to Data that's Inferred from Their Data Set?

Below, I have described a case example: A chemistry web site allows users to search on chemical compounds in order to find other similar chemicals. The chemical similarity is determined based on the ...
fiftytwocards's user avatar
1 vote
1 answer
122 views

How is a derivative work defined wrt "low entropy" artwork

CryptoPunks are a set of 10,000 Ethereum-based NFTs, each token corresponding to a unique 24 x 24 pixel cartoonish figure. They have been automatically generated from human generated components ...
User65535's user avatar
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3 votes
1 answer
107 views

Are instructions for creating a derivative work, themselves a derivative work?

If I loaded a copy of Toy Story into my video editor and cut it up to change it into a story where Woody actually killed Buzz Lightyear and is subsequently executed for it by Sid, agent of justice, ...
Bart van Heukelom's user avatar
2 votes
1 answer
97 views

How is derivative text material copyrighted within an older manuscript?

This is an addendum to to a previous question: How is the copyright of the derivative work dated? For example; an author writes a book in 2009 and in 2020, re-edits the book with new material. Does ...
Arabesque B's user avatar
2 votes
1 answer
253 views

Is each version of a software considered a "derivative work"?

Originally asked in Software Engineering but a user raised it is more a legal question than an engineering one. Let's suppose there is a software at version a1 in code repository A on an online code ...
Leedehai's user avatar
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1 vote
0 answers
53 views

Is it a copyright violation to use (C) texts I legally own to train an A.I.?

Let's use J.K. Rowlings and Shakespeare as an example. I want to train an A.I. to produce stories that look like a mix of both author's styles. The real example should use over 40 different authors, ...
Mindwin Remember Monica's user avatar
3 votes
1 answer
144 views

What is the copyright status, in the US, of the old USSR textbooks?

The textbooks published in the USSR had their copyright listed as "The Ministry of Education of the USSR." I am not interested in the "author rights." I am only interested in the ...
wrod's user avatar
  • 153
0 votes
1 answer
237 views

How many words from a poem can be used as a title of a separate work of art before I should ask permission?

How many words from a poem can be used as a title of a separate work of art before asking permission? I understand that were a composer to create an orchestra piece inspired by a poem, but not using ...
nuggethead's user avatar
4 votes
2 answers
1k views

What is considered a derivative work?

US Copyright law defines "derivative work": A “derivative work” is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, ...
Thunderweb's user avatar
2 votes
1 answer
58 views

Is creating a simulator/mock of an API considered "derivative work"?

We have a number of clients integrating their software with a specific third party service via a HTTP REST API. In order for our clients to be able to test efficiently their software we need to create ...
tadeusz_urbanski's user avatar
1 vote
0 answers
50 views

Is a beatmap derived from a song considered a derivative work?

I am working on a game which will allow players to create and share beatmaps. These are essentially levels of the game that are synced to the timing of a song. Would these beatmaps be considered ...
acoollevel's user avatar
42 votes
4 answers
14k views

Could I write a "Parry Hotter" novel?

There is a question over at the Writing SE which was wondering whether J. K. Rowling would consent to somebody writing a Harry Potter sequel. The answer was, predictably in hindsight, "you would ...
Peter - Reinstate Monica's user avatar
5 votes
1 answer
298 views

Does saying that a work of art was inspired by another work mean the former is a derivative work?

Say a composer read a poem. The poem is the published work of a living poet and obviously protected by copyright. This composer was inspired by the poem, and down the road he has written a piece of ...
nuggethead's user avatar
9 votes
4 answers
3k 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 ...
David Siegel's user avatar
0 votes
1 answer
58 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 ...
EricP's user avatar
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1 vote
1 answer
121 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 ...
Edward Aung's user avatar
16 votes
3 answers
7k 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, ...
Michael Hardy's user avatar
0 votes
1 answer
123 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 ...
dotNET's user avatar
  • 103
0 votes
0 answers
53 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 ...
anurag's user avatar
  • 101
0 votes
2 answers
136 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 ...
Jacob Horbulyk's user avatar
5 votes
3 answers
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 ...
Jon's user avatar
  • 61
2 votes
1 answer
989 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 ...
Amaroq's user avatar
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2 votes
0 answers
73 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, ...
DPenner1's user avatar
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1 vote
1 answer
401 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 ...
Matthew Cline's user avatar
1 vote
2 answers
95 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. ...
Siavash's user avatar
  • 11
1 vote
1 answer
125 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'...
Trish's user avatar
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4 votes
1 answer
265 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 ...
Dakkaron's user avatar
  • 318
1 vote
1 answer
161 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 ...
tands's user avatar
  • 63
0 votes
1 answer
858 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 ...
tman5's user avatar
  • 11
2 votes
1 answer
181 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 ...
LuxGiammi's user avatar
  • 123