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Mods are beneficial for the video game industry, [3] but mods can threaten a company’s copyright exclusivity because of their status as derivativeworks. [4] 4] Mods that collect revenue by paywalls are likely to scare copyright holders into litigation. [5] 11] Physical mods of game hardware are considered derivative. [12]
The problem is that most fanfiction could be characterized as derivativeworks of other already existing original works, as defined in 17 U.S.C. § Despite the barriers to fanfiction that the derivativework doctrine raises, fanfiction writers may find relief from liability through the fair use doctrine.
In the absence of a separate law safeguarding personality rights, the court granted relief by invoking passing off as governed under the Trade Marks law. Copyrightlaws also provide plausible remedies for enforcing one’s right to personality. Baby Gift House, 2010 SCC OnLine Del 4790. [6] Entertainment (P) Ltd.
WhenU concluded that copyright was a dead-end. Nevertheless, because adware often provided poor consumer experiences, adware largely fizzled out by 2010. The Silvaco court also cautioned that “the expansion of conversion law to reach intangible property should not be permitted to ‘displace other, more suitable law.’”
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