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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] Section 106 of the Copyright Act grants copyright holders an exclusive right to make or license derivativeworks based upon a previously copyrighted work. [11]
Alas, Campbell’s discontinued Pepper Pot in 2010. In an aside that no doubt made the MPAA smile, the Court also confirmed that unauthorized derivativeworks like book-to-film adaptations won’t pass muster under the first fair use inquiry merely because they have a different aesthetic than the works they borrow.
In Larson, Dorland claimed copyright in a 381-word letter posted to Facebook and further asserted that, therefore, each of the three versions of Larson’s The Kindest was a derivativework in which Dorland, therefore, owned the copyright because her letter and the later Larson works were substantially similar.
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