[thelist] Ethical issues concerning re-use (and heavy modification) of images

James S. Huggins (Evolt) Evolt at ZName.com
Thu May 9 02:19:01 CDT 2002

At what point (if ever) does a derivative work free itself from copyright
restrictions of the original?

The question is whether the work is a derivative work or fair use. If it is
fair use it is not a derivative work and not a problem.

If it is not fair use, then it IS a derivative work and (as I've noted
before with the citations and articles) is only permitted with permission.

The question of whether it is fair use depends on 4 factors:

Purpose and character of the use;
Nature of the copyrighted work;
Amount and substantiality of the portion used; and
Effect of the use upon the potential market for or value of the work.

It could be argued that the example YOU gave would be fair use. If it is
fair use then your work is NOT a derivative work.

James S. Huggins


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