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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.
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.
The court concluded that, "[b]ecause the Game Genie does not create a derivative work when used in conjunction with a copyrighted video game, Galoob does not 'authorize the use of a copyrighted work without the actual authority from the copyright owner.'" Galoob, 780 F.Supp. at 1298 (quoting Sony, 464 U.S. at 435 n. 17, 104 S.Ct. at 785 n. 17).
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.
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.
Although identical to the dance created, popularized, and demonstrated by Ferguson, Epic did not credit Ferguson nor seek his consent to use, display, reproduce, sell, or create a derivative work based upon Ferguson's Milly Rock dance or likeness.
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.
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.
