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Copyright Fatality? Derivative work or lawful reference? - you thought we wouldn't notice
One of the exclusive rights that inures to a copyright holder is the right to create a derivative work from an original copyrighted work, as previously discussed. If another artist creates something that adds on, embellishes, or transforms that original work, she may obtain copyright protection for the work that she added, but she cannot exploit the derivative without the authorization of the copyright holder in the underlying work.
Source: youthoughtwewouldntnotice.com
2 Comments
Aaron Schwartz said (1 Jul 2012):
This is U.S. law. It is not the same in Canada. There is no definition of "derivative work" in the Canadian Copyright Act. The definition of copyright, however, does make references to the exclusive rights to "convert" some works. In Canadian copyright law, as in many European countries, "moral rights" enure to the creator in respect to all works, protecting the creator's rights to integrity (ie, no one can change it without permission) and attribution (any copy of the work, even with permission of the owner, must include proper attribution (ie, credit) to the author/artist/creator.)
Ashley King said (3 Jul 2012):
Shoot, I gotta get out of the US.
Q: It seems that there is a very narrow selection of images in VS. Why
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