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Now the question is, "how does one suitably distinguish a work from the original?". Now giving it a new expression is not enough. Now it must be used also for a
by dcow 3y ago
Now the question is, "how does one suitably distinguish a work from the original?". Now giving it a new expression is not enough. Now it must be used also for a different purpose? This is just way more confusing... not less.
- perrygeo 3y agoWas this "new expression" meant to compete in the same economic market? If I take a photo, and you modify it and try to pass it off and sell it as yet another photo - clearly not distinguished and derivative. If I take a photo, and you create an artwork or video game character based off it - clearly distinguished; I don't have any right to your IP. If I take a photo, and it inspires you to take a similar photo for your personal collection - clearly distinguished. If I take a photo, and it inspires you to take a similar photo and you decide to sell it as your creation... ambiguous, as there is a market conflict.