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How to Distinguish Transformative Fair Uses From Infringing Derivative Works?

Kluwer Copyright Blog

Vanity Fair magazine had commissioned Warhol’s artwork in 1984 to accompany an article about the singer’s rise to fame based on Goldsmith’s photograph under a one-time-use “artist reference” license between Vanity Fair and Goldsmith’s agent. However, such uses must be licensed or be held unfair.

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The Basics of Open Access

Plagiarism Today

This is largely achieved through the use of Creative Commons licenses. These licenses make the work available for reuse and sharing, provided the original author(s) are attributed and the exact terms of the license are followed. Gratis articles are free to view, but there is no clear license to allow or encourage reuse.

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How Original! The Oscars and the Craft of Derivative Works

Trademark and Copyright Law Blog

One aspect of copyright law that makes adaptations attractive is derivative works. A derivative work is a work based on one or more existing copyrighted works. Studios will usually work through licensing deals to smooth out the creation of adaptations. In Yonay v.

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3 Count: Dirty Cheaters

Plagiarism Today

The lawsuit alleges that the group is committing copyright infringement not only because they are making derivative works based upon their games, but because they are circumventing copyright protection tools. The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

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Limited Licensing: An introductory overview

IP and Legal Filings

Intellectual Property License is an agreement between the owner of the Intellectual Property and the party to whom the rights are being given in exchange for a fee or royalty. The present article looks into a comprehensive landscape of Limited License. The IP Owner and the third party are the licensor and the licensee respectively.

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3 Count: Sealed with a Kiss

Plagiarism Today

The lawsuit was filed by SoundExchange after an audit alleged that Music Choice, which relies on a statutory license for the music it uses, had underpaid the royalties it owes. Works that enter the public domain are free to be copied, used, distributed and have derivative works created of them without a license.

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Licensor Beware: Copyright Protections in Peril

IP Watchdog

Companies rely on copyright protections to shield their software, data sets, and other works that are licensed to their customers; however, a reframing of what constitutes a “transformative use,” and the extent a license can restrict such fair uses, may whittle away all avenues of protections.

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