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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 ...
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.
Arriba Soft Corporation [5] Perfect 10, Inc. v. Amazon.com, Inc., [6] and Authors Guild, Inc. v. Google, Inc., [7] the courts find a derivative-work use (such as that of thumbnails in an image search engine, for indexing purposes) or a copy of text (to facilitate key-word indexing) transformative because it provides an added benefit to the ...
For instance, modification (derivative works) is not an exclusive right of mask work owners. Similarly, the exclusive right of a patentee to "use" an invention would not prohibit an independently created mask work of identical geometry. Furthermore, reproduction for reverse engineering of a mask work is specifically permitted by the law. As ...
This inquiry is a question of fact determined by a jury. Courts have relied on several factors to aid in a striking similarity analysis. Among these are: Uniqueness, intricacy, or complexity of the similar sections. If the plaintiff's work contains an unexpected or idiosyncratic element that is repeated in the alleged infringing work.
Foreground knowledge/IP is all the knowledge/IP produced within the collaborative venture or open innovation project during the project’s tenure. Sideground knowledge/IP is knowledge/IP that is relevant to a collaborative venture or open innovation project, but produced outside the project by any of the partners during the project’s tenure.
The word derivative sounds fancy and perhaps a little intimidating. But the key thing to know about derivatives is that they are a financial contract whose value is derived from the value of ...
Cite the specific CC license the work is under. If the work is being published on the Internet, it is nice if the license citation links to the license on the CC website. Mention if the work is a derivative work or adaptation. In addition to the above, one needs to identify that their work is a derivative work, e.g.,