Documents about Derivative Works

  • 22 Pages

    Copyright Slides Class Eighteen

    Catholic, FACULTY 03

    Excerpt: ... 118 Certain distribution of works in specialized formats exclusively for use of blind and disabled s. 121 (also an exception to the reproduction right) RIGHT TO PREPARE DERIVATIVE WORKS The right of adaption (s. 106(2) is infringed when a party makes an unauthorized derivative work in which a preexisting work is recast, transformed, or adapted Derivative markets are often more valuable than the market for an original work The issue of infringement of s. 106(2) often arises when a work is adapted to different media Test is substantial similarity RIGHT TO PREPARE DERIVATIVE WORKS Overlaps the right of reproduction but is somewhat broader. Nimmer thinks that section 106(2) is superfluous he thinks that infringement of the right to prepare derivative works also necessarily infringes the reproduction right or the performance right. Examples of derivative works translation, dramatization, musical arrangements Is Section 106(2) necessary Some commentators, such as ...

  • 1 Pages


    Boise State, CS 125

    Excerpt: ... NOTE! This copyright does *not* cover user programs that use kernel services by normal system calls - this is merely considered normal use of the kernel, and does *not* fall under the heading of "derived work". Also note that the GPL below is c ...

  • 3 Pages


    UCSD, COGS 200

    Excerpt: ... py and distribute programs based on GPLd code ( derivative works ) must distribute those programs under the GPL. This requirement is specified in Section 2(b) of the GPL, which is the copyleft term. I will discuss that term in a moment. In the terminology of the Free Software Foundation (FSF), licenses that require derivative works to be Free Software are copyleft licenses. Source-code licenses that allow free copying but do not contain such a requirement are Free Software licenses but not copyleft licenses. 2 17 U.S.C. 201(a); 102; 106. 3 S e e , The Open Source D e f i n i t i o n version 1.9, available at All references in this chapter to the Open Source Definition are to version 1.9. 4 Open Source Definition, 1-3. 2 M c G o w a n / MS Word / 1/11/05 / Page 3 of 29 The Open Source Definition has some more detailed requirements as well. F/OSS licenses may not discriminate among persons, groups, or fields of endeavor. Other requirement ...

  • 6 Pages


    Virginia Tech, CS 4984

    Excerpt: ... he Nintendo Entertainment System and replacing it with a new value. If that value controls the character's strength, for example, then the character can be made invincible by increasing the value sufficiently. The Game Genie is inserted between a game cartridge and the Nintendo Entertainment System. The Game Genie does not alter the data that is stored in the game cartridge. Its effects are temporary. DISCUSSION 1. Derivative work The Copyright Act of 1976 confers upon copyright holders the exclusive right to prepare and authorize others to prepare derivative works based on their copyrighted works. See 17 U.S.C. 106(2). Nintendo argues that the district court erred in concluding that the audiovisual displays created by the Game Genie are not derivative works . The court's conclusions of law are reviewed de novo. See Rozay's Transfer v. Local Freight Drivers, Local 208, 850 F.2d 1321, 1326 (9th Cir.1988), cert. denied, 490 U.S. 1030, 109 S.Ct. 1768, 104 L.Ed.2d 203 (1989). Its findings of fact are reviewed fo ...

  • 1 Pages


    W. Alabama, SE 362

    Excerpt: ... tware in its Object Code form." NB Contra Proferentem: ambiguities in an agreement are interpreted against the party that imposed it. 9 / 23 Uses a license permits II SE362 Lecture 19: Software Licensing Todd Veldhuizen Restrictions should be spelled out in a way that their violation results in specified consequences: revocation of the license injunctive relief for copyright/IP infringement (i.e., the licensor can try to recover damages through the courts) Basic copyright-related uses: reproduction (i.e. copying) preparing derivative works distributing copies of derivative works 10 / 23 Uses a license permits III SE362 Lecture 19: Software Licensing Todd Veldhuizen Licenses often limit use to the licensee's "internal business purposes only." This prevents e.g., someone purchasing a compiler and making it available online as a service. Any specific uses the licensee wants to prevent should be spelled out, as "internal business purposes" is ambiguous (hence contra pr ...

  • 3 Pages


    W. Alabama, SE 362

    Excerpt: ... retain consultants, will they be licensed users? injunctive relief for copyright/IP infringement (i.e., (ditto outsourcing) the licensor can try to recover damages through the Will subsidiaries of your company be covered by the courts) license? Do the terms of the license require the software be used Basic copyright-related uses: only in a particular country? reproduction (i.e. copying) Perpetual vs. fixed-term licenses preparing derivative works distributing copies of derivative works In principle, a perpetual license does not expire; the licensee has rights to the software more-or-less indef- Licenses often limit use to the licensee's "internal business initely, provided they do not violate the terms of the purposes only." This prevents e.g., someone purchasing license. (There are some exceptions, e.g., in the US, the a compiler and making it available online as a service. 1 Any specific uses the licensee wants to prevent should be Representations spelled out, as "internal business pur ...

  • 85 Pages


    NYU, V 22

    Excerpt: ... Software Copyrights Software Patents and Free Software Robert Dewar NYU/CIMS AdaCore Rourke's Speech From the movie "The Fountainhead", from Ayn Rand's novel. Gary Cooper as Rourke. Thousands of years ago, the first man discovered how ...

  • 4 Pages


    East Los Angeles College, CL 0708

    Excerpt: ... ECONOMICS & LAW Nicholas Bohm lecture notes 2008 Aim To provide an overview to illustrate * * when merchants and traders need professional advice, and the context in which to understand and use that advice Contract Making the contracts you want to ...

  • 4 Pages


    Berkeley, SECURE 16614

    Excerpt: ... distribute a copy of the source code as modified (or provide notice where it may be obtained or give notice that it will provide the source code upon request) The license is "viral", i.e., modifications or derivative works (generally speaking, a work that includes or is based on a preexisting work), will be subjected to the license or other special terms. Some licenses, e.g., the GPL/LGPL, take a broad view of what constitutes a derivative work, for example by claiming that linking to the "viral" source code may result in the compiled binary being a derivative work even if the source code that contains the link would not otherwise constitute a derivative work. Other material terms / notes: Binary or Executable Code Distribution of binary is not permitted Distribution of binary is required Other material terms / notes: ...

  • 11 Pages


    Allan Hancock College, COMP 8440

    Excerpt: ... FOSS and the law COMP8440: FOSSD Lecture 6 IANAL (I am not a lawyer, this is not legal advice) Areas of Law FOSS intersects with many areas of law 'Intellectual Property' Copyright who can distribute a work Patents government grante ...

  • 8 Pages


    UMBC, COPY 03

    Excerpt: ... Copyright Law Boston College Law School January 30, 2002 Works of Authorship (contd) Derivative Works & Compilations 17 U.S.C. 103: (a) The subject matter of copyright includes compilations and derivative works , but protection for a work employing preexisting material in which copyright subsists does not extend to any part of the work in which such material has been used unlawfully. (b) The copyright in a compilation or derivative work extends only to the material contributed by the author of such work, as distinguished from the preexisting material employed in the work, and does not imply any exclusive right in the preexisting material Derivative Works 17 U.S.C. 101: Derivative work: a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, o ...