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If the framing process does not create a derivative work, then mounting art on a tile, which serves as a flush frame, does not create a derivative work.
Someone seeking to take a photograph of The Column or otherwise create a derivative work would not find the stamp to be a suitable substitute for The Column itself.
Lee wages a vigorous attack on the district court's conclusion that A.R.T.'s mounting process cannot create a derivative work because the change to the work "as a whole" is not sufficiently original to support a copyright.
Finally, simply reading the work aloud does not create a "derivative work" — courts generally require that a derivative work contain original, copyrightable expression, something that should require more than simply reading the text aloud.
- You may not copy, reproduce, re-publish, download, post broadcast, transmit, make available to the public or otherwise use the content of the Website/s in any way except for your own personal, non-commercial use, not to adapt or create a derivative work from any content except for your own personal non-commercial use.
If, as we hold, the speeded-up "Galaxian" game that a licensee creates with a circuit board supplied by the defendant is a derivative work based upon "Galaxian," a licensee who lacks the plaintiff's authorization to create a derivative work is a direct infringer and the defendant is a contributory infringer through its sale of the speeded-up circuit board.
Similar(49)
Nor does it appear that she created a "derivative work" based upon the copyrighted work, or that she "distributed copies" of the copyrighted work to the public.
The Authors contend that by converting their works into a different, accessible format, the HDL is simply creating a derivative work.
Nonetheless, the ninth circuit held, what A.R.T. does creates a derivative work because the epoxy resin bonds the art to the tile.
Section 103 is concerned with the derivative works of the footage in which Youssef created a derivative work based on Garcia's performance for his own purposes of creating the film, Innocence of Muslims.
If changing the way in which a work of art will be displayed creates a derivative work, and if Lee is right about what "prepared" means, then the derivative work is "prepared" when the art is mounted; what happens later is not relevant, because the violation of the § 106(2) right has already occurred.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com