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 ...
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43
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 ...
- 2,548
43
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 ...
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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 ...
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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 ...
- 6,081
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 ...
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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 ...
- 113k
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 ...
- 113k
14
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.
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12
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 ...
- 113k
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 "...
- 12.1k
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 ...
- 113k
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 ...
- 113k
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 ...
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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 ...
- 211k
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 ...
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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 ...
- 211k
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 ...
- 3,954
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, ...
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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 ...
- 211k
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.
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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.
...
- 224
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 ...
- 211k
4
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 ...
- 1,252
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 ...
- 41
4
votes
Accepted
Copyright of derived works without permission
This topic came up as a sub-point to another question a few weeks ago, I ended up doing a fair bit of research with not much in terms of concrete results. I'll start with the USA since they're ...
- 4,921
4
votes
Accepted
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?
Under US law, and I believe under the laws of most countries, each of the various photographs of the apple would be protected by copyright. Thew initial owner would be the photographer, or perhaps the ...
- 113k
4
votes
What is considered a derivative work?
Let's go through them one by one
an academic paper that cites or refers to other papers
Exemption from Copyright applies. You have no copyright on the fact that someone said something, only on the ...
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4
votes
Accepted
How is a derivative work defined wrt "low entropy" artwork
There is no case law as yet
However, the most likely situation is that there is no copyright in the original works because they are computer-generated. There is certainly copyright in the code that ...
- 198k
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