4 ms·
Note that a derivative work doesn't instantly make it 'fair use' for the purposes of copyright. You typically still need 'adaptation' permission from the copyri
by judge2020 4y ago
Note that a derivative work doesn't instantly make it 'fair use' for the purposes of copyright. You typically still need 'adaptation' permission from the copyright holder to made a derivative work of it, so you can't make 'Breaking Bad: The Musical' by recreating major scenes in a play format, at least not without substantially changing it[0].
For the purpose of fair use, copyright.gov has an informative section titled "About Fair Use" which details what sort of modifications and usage of a copyrighted work would be legal without any permission from the copyright holder https://www.copyright.gov/fair-use/#:~:text=a)(3).-,About%20Fair%20Use,-Fair%20use%20is https://www.copyright.gov/fair-use/#:~:text=a)(3).-,About%20...
0: https://en.wikipedia.org/wiki/Say_My_Name!_(Musical) https://en.wikipedia.org/wiki/Say_My_Name!_(Musical)
- CPLX 4y agoIt’s the opposite of what you’re suggesting in the first sentence. Something being a derivative work is a fairly clear sign that it’s not fair use.
- schoen 4y agoIt's kind of a combination of these two positions: something being a derivative work means that it requires an excuse under copyright law, whether that be a license, or a fair use defense (which may be fact-specific), or some other justification. Without such a justification, the derivative work is treated as a copyright infringement. This is a result of 17 USC §106(2), which says that one of the things that "the owner of a copyright [...] has the exclusive rights to do and to authorize" is "to prepare derivative works based upon the copyrighted work", unless an exception (including fair use) applies. https://www.law.cornell.edu/uscode/text/17/106 https://www.law.cornell.edu/uscode/text/17/106