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What does derivative work mean in the context of websites?

What does derivative work mean in the context of websites?

If a website uses pictures on some pages that are under cc-by-sa. The images have been modified slightly to fit into the page. What is the derivative work?

Asked by: Guest | Views: 62
Total answers/comments: 2
Guest [Entry]

"I don't think you'll find many lawyers here. Your best bet is to read the law, and try to stay as far away from the lines as possible:

In the United States, the Copyright Act defines ""derivative work"" in 17 U.S.C. § 101:
A “derivative work” is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a “derivative work”.
Source: http://en.wikipediadotorg/wiki/Derivative_work"
Guest [Entry]

"You:

Need to ask lawyer, and
Need to provide more information. For example, if you just plopped an image in after writing the text (""hmmm, I'm talking about apples, I should go find a picture of a nice shiny red one..."") that's quite different than ""hmm, I have a neat image, let me design a page around it, to display and highlight it"". The first case clearly doesn't make the text a derivative work; I don't know if the second case would be a derivative work; see point (1).

IANAL, and I'm not even going to play one on the Internet today."