Questions tagged [derivative-work]
The derivative-work tag has no usage guidance.
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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 ...
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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?
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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 ...
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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 ...
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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?
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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'...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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?
user47165
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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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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 ...
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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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