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2K Games rejected similar infringement claims on the basis of de minimis use, implied license, and fair use. Equally importantly, the court failed to provide the jury with instructions on two other defenses—waiver and implied license. The implied license argument is particularly important here. Warner Bros.
Preface: I wanted to learn more about the concept (and applications) of “derivativeworks” and adaptations under copyright law, and I was searching for a useful example that might also be interesting for readers of Velocity of Content to read about. The basic litany up through 1953: “The Little White Bird” (1902 poetry collection).
Since fanfiction often uses parts of these original works, its seen as a “derivativework”, which means it’s based on something already created. According to Section 14 of the Act, you usually need permission from the original creator to write derivativeworks. In the case Amar Nath Sehgal v.
It is certainly within the definition of chutzpah to publicly display your own work on the Internet, visible for anyone to see for free and without further conditions, and then to complain that others are helping people find your work by linking to it. Surely paid licensing should not have to work on an all-or-nothing basis.
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