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The musical West Side Story, is a derivative work based on Shakespeare's Romeo and Juliet, because it uses numerous expressive elements from the earlier work. [42] However, Shakespeare's drama Romeo and Juliet is also a derivative work that draws heavily from Pyramus and Thisbe and other sources. Nevertheless, no legal rule prevents a ...
Whenever the contractor asserts claim to copyright in works other than computer software, the government, and others acting on its behalf, are granted a license to reproduce, prepare derivative works, distribute, perform and display the copyrighted work.
The first step of the infringement analysis, copying-in-fact, includes determining that the defendant actually copied the work as a factual matter. [53] Because direct evidence of copying is rare, courts tend to permit evidence showing that (1) the defendant had access to the copyrighted work and so had the opportunity to copy the work and (2) a sufficient degree of similarity exists between ...
The strength of the copyleft license governing a work is determined by the extent to which its provisions can be imposed on all kinds of derivative works. Thus, the term "weak copyleft" refers to licenses where not all derivative works inherit the copyleft license; whether a derivative work inherits or not often depends on how it was derived.
This table lists for each license what organizations from the FOSS community have approved it – be it as a "free software" or as an "open source" license – , how those organizations categorize it, and the license compatibility between them for a combined or mixed derivative work. Organizations usually approve specific versions of software ...
Without share-alike, derivative works might be sublicensed with compatible but more restrictive license clauses, e.g. CC BY to CC BY-NC. Non-commercial (NC) Licensees may copy, distribute, display, perform the work and make derivative works and remixes based on it only for non-commercial purposes. No derivative works (ND)
Copyleft licenses require derivative works to include source code under a similar license. Permissive licenses do not, and therefore the code can be used within proprietary software. Copyleft can be further divided into strong and weak depending on whether they define derivative works broadly or narrowly. [34] [35]
Non-restrictive licenses allow free reuse of the work without restrictions on the licensing of derivative works. [3] Many of them require attribution of the original creators. [ 46 ] The first open-source license was a non-restrictive license intended to facilitate scientific collaboration: the Berkeley Software Distribution (BSD), named after ...
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