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54 votes

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

The name can not be copyrighted, but they don't own the rights to the songs and they are telling you they will perform them. They don't want to put it in writing that they are performing songs they ...
Putvi's user avatar
  • 3,992
44 votes

Could I write a "Parry Hotter" novel?

Using the setting and characters of an existing and current book would probably, indeed almost surely, make it a derivative work. Creating a derivative work from a work protected by copyright requires ...
David Siegel's user avatar
42 votes
Accepted

How much of this image do I need to modify in order to avoid copyright violation?

Copyright is for original pieces of work. What you have made, is essentially a derivative work. Copyright is automatic for all things, unless the author has explicitly waived their rights, normally ...
Zizouz212's user avatar
  • 2,548
30 votes

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

Under U.S. law (17 U.S. Code § 101 ) A “derivative work” is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion ...
Burt_Harris's user avatar
  • 1,769
24 votes

How much of this image do I need to modify in order to avoid copyright violation?

Avoiding copyright infringement is a question of "How is it modified?" rather than "How much of it is modified?". What you've created is a derivative work of the original; to decide if your ...
Mark's user avatar
  • 6,392
22 votes
Accepted

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

No you don't. There are two copyright holders regarding the derivative work: yourself, for creating the original. the other artist, for creating the modified version. The other artist has received ...
amon's user avatar
  • 24k
21 votes

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

I have read the Heinlein books you cite many times, and seen the movie Gattaca once. I do not think Gattaca is a derivative work of either or both novels. The concept of faking an identity in order to ...
David Siegel's user avatar
20 votes
Accepted

Fair Use of Photos as a Derivative Work

If the photos are exact or "slavish" reproductions of flat (2D) art, then under Bridgeman Art Library v. Corel Corp., 36 F. Supp. 2d 191 (S.D.N.Y. 1999) the photos are not original, and have no ...
David Siegel's user avatar
15 votes

Could I write a "Parry Hotter" novel?

You can try but don't expect it to be easy. In the Western world at least. There is this Tanya Grotter precedent already.
Greendrake's user avatar
  • 27.6k
13 votes
Accepted

How does copyright apply to rules, eg ISO standards?

Expression vs Idea As I understand it, copyright applies to creative expression and not for examples rules of games. That is not correct as stated. Game rule, or more exactly the fixed expression of ...
David Siegel's user avatar
10 votes

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

Song names, book titles, etc. can not be copyrighted. There are many examples of multiple songs/books having the same title. The ASCAP Repertory web site has dozens of songs with the one-word title "...
George White's user avatar
  • 12.8k
10 votes

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

No, you do not The answer by user amon is correct that there are always two copyrights involved with any derivative work. The copyright of the author (creator) of that work, and the copyright of the ...
David Siegel's user avatar
10 votes

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

The comment is incorrect; creating a derivative work without permission is still disallowed, even for private use. In US copyright law 17USC 106 defines the exclusive rights that the copyright holder ...
David Siegel's user avatar
9 votes

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

The situation is not as clear-cut as David presents it in his answer. The first thing to note is that derivative work, if lawful and creative enough, enjoys its separate copyright protection. The ...
Peter - Reinstate Monica's user avatar
9 votes
Accepted

Are lone excerpts considered derivative works?

If we subtract the public domain aspect of the situation, CC-BY-NC-ND 4.0 means that you may not "Share" any "Adapted Materials". Share means what you think it means: you can adapt ...
user6726's user avatar
  • 215k
9 votes

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

The minimum CC-BY permits tracing and requires attribution. None of the six CC license types seems to specifically distinguish between tracing and other methods of creating a derivative work, so I don'...
herisson's user avatar
  • 604
8 votes

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

No Copyright protects expressions of ideas but not ideas. A song with the words if a poem set to music would generally require the permission of the owner of the copyrighted poem. An instrumental ...
George White's user avatar
  • 12.8k
7 votes
Accepted

Are online file converters legal?

Online file converters are legal: there is no law that prohibits a person from making a program available and executing online, including creating output in the form of a file. It is possible that ...
user6726's user avatar
  • 215k
7 votes
Accepted

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

Yes, CC-BY and CC-BY-SA both permit tracing. However, one important detail not clearly noted in the other answers so far is that legally a tracing is a derivative work, and both CC-BY and CC-BY-SA ...
Ilmari Karonen's user avatar
6 votes
Accepted

Would someone actually sue me for attributing them?

Admission of copying proves one of the elements that the plaintiffs would normally need to prove in an infringement suit, making a law suit less risky from their perspective. This may very well invite ...
K-C's user avatar
  • 4,024
6 votes

What is considered a derivative work?

Derivative Works under US law and the Berne Convention US Copyright law defines "derivative work" in 17 USC 101 as: A “derivative work” is a work based upon one or more preexisting works, ...
David Siegel's user avatar
5 votes
Accepted

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

According to US law according to Cornell, copyright applies to derivative works. A derivative work is an original work based on a previous work (Definitions), so the adaptations would be ...
David Thornley's user avatar
5 votes

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

Under your proposal, the author cannot effectively use the software at all, much less sell his creative efforts. The EULA clearly states that copyright is automatically transferred to the vendor when ...
user6726's user avatar
  • 215k
4 votes

How much of this image do I need to modify in order to avoid copyright violation?

Most legal way: Contact the original developer for permission to port his game (including his images). Everything else is probably illegal, because it sound like you are "copying " his work.
Freddy's user avatar
  • 149
4 votes

How much of this image do I need to modify in order to avoid copyright violation?

The problem is not with just the image. As you have stated, you are porting a game to a different operating system. You are, basically, replicating a game without the original author's permission. ...
Nelson's user avatar
  • 234
4 votes
Accepted

Can cropping a sprite invalidate copyright?

Copyright protection is about certain acts, and not about relationships between products. Copyright law says that the creator of an original work hold the exclusive right to copy and to authorize ...
user6726's user avatar
  • 215k
4 votes

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

Short Answer Do they not qualify as "derivative works" of intellectual property of other creators and are they not illegal as such? Often they are, but not always. Sometimes they are done ...
ohwilleke's user avatar
  • 218k
4 votes

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

You may find the ShareAlike interpretation on the creativecommons.org wiki helpful here. The Examples section says: ShareAlike photo being used unmodified in a larger work. Unless the larger work ...
3lbFlax's user avatar
  • 41

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