Questions tagged [derivative-work]

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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, ...
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3 votes
1 answer
67 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 ...
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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, ...
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3 votes
1 answer
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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 ...
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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 ...
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1 vote
2 answers
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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, ...
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2 votes
1 answer
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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 ...
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1 vote
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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 ...
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38 votes
4 answers
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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 ...
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4 votes
1 answer
204 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 ...
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9 votes
4 answers
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 ...
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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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1 answer
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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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16 votes
3 answers
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, ...
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1 answer
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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 ...
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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 ...
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2 answers
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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 ...
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6 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 ...
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1 answer
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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 ...
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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, ...
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1 vote
1 answer
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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 ...
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1 vote
2 answers
49 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. ...
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1 vote
1 answer
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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'...
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4 votes
1 answer
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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 ...
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1 vote
1 answer
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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 ...
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1 answer
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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 ...
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2 votes
1 answer
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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 ...
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-2 votes
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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 ...
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1 vote
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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 ...
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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 ...
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1 vote
3 answers
209 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-...
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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?
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9 votes
1 answer
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-...
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4 votes
1 answer
503 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 ...
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22 votes
6 answers
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 ...
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3 votes
2 answers
207 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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1 vote
2 answers
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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 ...
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1 answer
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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 ...
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3 votes
2 answers
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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 ...
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2 votes
3 answers
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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?
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2 votes
1 answer
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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 ...
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2 votes
2 answers
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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 ...
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1 vote
1 answer
140 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 ...
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1 vote
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217 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, ...
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1 answer
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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 ...
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1 answer
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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. ...
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0 votes
1 answer
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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,...
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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 ...
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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 ...
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1 vote
1 answer
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 ...
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