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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. All copyrights, except one, expire.*.
Legal Background: Copyright and DerivativeWorks Copyright law protects original works of authorship, including “pictorial, graphic, and sculptural works,” 17 U.S.C. For obvious reasons, the copyright in a photograph does not include the right to publicly perform the copyrighted work.
“Dawn of the Dead” (1978) “Dead Rising” (2006) Nothing to see here: just some humans battling zombies in a mall during a zombie outbreak. .” The few similarities acknkowledged by the court were “driven by the wholly unprotectable concept of humans battling zombies in a mall during a zombie outbreak.”
13] Instead, the Second Circuit held that the differences between the works are more akin to the differences between a novel and an adaptation of that novel—“a paradigmatic example” of a derivativework that would require a license. [14]. It found that all four fair use factors weighed against fair use. [12] Goldsmith , 11 F.4th
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