Firstly not a attorney, but have spend the last several years working hand and hand with a large number specifically related to these issues. My take away is a

Firstly not a attorney, but have spend the last several years working hand and hand with a large number specifically related to these issues. My take away is as follows Including copyrighted material in its entirety and original form in a different work does not make it derivative. It's original copyright stands. A quick requirement for derivative work. The derivative work must demonstrate transformation, modification or adaptation of the original work must be substantial and bear its author's personality sufficiently to be original and thus protected by copyright.