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

michael ensor edc at wnc.quik.co.nz
Thu May 9 05:04:00 CDT 2002


While I recognise that the web is global and one must cater for the lowest
common denominator the sources you have quoted are all USA based.

e.g. copyright protection does not globally  depend on registration. [In
many jurisdiction design does ].

The grundnorm for copyright is the Berne Convention [still] .


----- Original Message -----
From: "James S. Huggins (Evolt)" <Evolt at ZName.com>
To: <thelist at lists.evolt.org>
Sent: Thursday, May 09, 2002 5:27 PM
Subject: RE: [thelist] Ethical issues concerning re-use (and heavy
modification) of images

> As regards the LAW, much posted so far is incorrect.
> A copyright holder has the absolute right to control derivative works
> I cite information from the copyright office.
> http://www.copyright.gov/faq.html#q50
> How much do I have to change in order to claim copyright in someone else's
> work?
> Only the owner of copyright in a work has the right to prepare, or to
> authorize someone else to create a new version of that work. Accordingly,
> you cannot claim copyright to another's work, no matter how much you
> it, unless you have the owner's consent. See Circular 14.
> Circular 14
> http://www.loc.gov/copyright/circs/circ14.pdf
> A "derivative work," that is, a work that is based on (or
> derived from) one or more already existing works, is copy-rightable
> if it includes what the copyright law calls an "original
> work of authorship." Derivative works, also known as "new
> versions," include such works as translations, musical ar-rangements,
> dramatizations, fictionalizations, art reproduc-tions,
> and condensations. Any work in which the editorial
> revisions, annotations, elaborations, or other modifications
> represent, as a whole, an original work of authorship is a
> "derivative work" or "new version."
> A typical example of a derivative work received for regis-tration
> in the Copyright Office is one that is primarily a new
> work but incorporates some previously published material.
> This previously published material makes the work a deriva-tive
> work under the copyright law.
> To be copyrightable, a derivative work must be different
> enough from the original to be regarded as a "new work" or
> must contain a substantial amount of new material. Making
> minor changes or additions of little substance to a preexisting
> work will not qualify the work as a new version for copyright
> purposes. The new material must be original and copyright-able
> in itself. Titles, short phrases, and format, for example,
> are not copyrightable.
> [snip]
> Only the owner of copyright in a work has the right to
> prepare, or to authorize someone else to create, a new
> version of that work.
> James S. Huggins
> ...
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