Derivative harms include earlier initiation to injecting and greater injection risk behaviours, which are linked to blood-borne virus transmission.
Third, it is equally well-established that "use" of copyrighted material is not "fair" if it harms derivative markets.
But this hampers innovation; on balance derivatives have done more harm than good.
Even though the stamp did not harm the market for derivative works, allowing the government to commercially exploit a creative and expressive work will not advance the purposes of copyright in this case.
Trading in derivatives under conditions of uncertainty may harm trader welfare by both reducing the returns of, and increasing the risks borne by, the average derivatives trader.
Even derivative works -- meaning new works derived from old works -- are harmed by this law.
Whether the instrument is complex derivatives gone bad or computer malware, harm can flow across highly interconnected systems and cause knock-on effects far from where the initial harm occurred.
Mr. Chambliss, echoing arguments from some bankers, warned that the legislation would harm businesses and drive derivatives trading to overseas markets outside the reach of American regulators.
"The court has set undesirable legal precedents that harm not only the derivatives industry in Korea, but also the country's financial stability as a whole in the longer term," said Keith Noyes, the association's regional director for Asia.
The European Union called on Friday for the use of clearinghouses for some over-the-counter derivative trades to "ensure they do not harm financial stability".
The fourth factor must also "take account... of harm to the market for derivative works," id., defined as those markets "that creators of original works would in general develop or license others to develop," id. at 592, 114 S.Ct.
