Derivative work - Knowledge

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Snyder, had filed a copyright on such a bank in 1975, planning to import them for the American Bicentennial. Shortly thereafter, another company, L. Batlin & Sons, Inc., also began making a very similar toy bank which was based on Snyder's version (and not, incidentally, on the 19th century original). When the latter attempted to import the toy banks, the US Customs service notified them that they appeared to be infringing on Snyder's copyright, and would not allow the toy banks to be imported. Batlin then got an injunction against Snyder to deny the recording of his copyright and allowing them to import their banks. On appeal to the Second Circuit Court, Snyder took great pains to demonstrate how his banks varied in size and shape from the 19th century original, arguing that his banks, though similar to the older work, differed in a number of significant ways and warranted protection under a new copyright. However, his appeal was denied and the injunction against Snyder's copyright upheld (six members of the court voted to deny, the other three filing a dissenting opinion). Much of this decision focused on the fact that nearly all of the alterations in Snyder's version were made solely to allow the object to be more easily manufactured in plastic rather than metal, and therefore were functional, not artistic or creative. "To extend copyrightability to minuscule variations would simply put a weapon for harassment in the hands of mischievous copiers intent on appropriating and monopolizing public domain work." The issue was not whether or not Batlin's bank was a copy of Snyder's— it undoubtedly was— but whether or not Snyder could claim copyright protection, which the court decided he could not.

655:. Hence, a video game cartridge that works on one system does not work on the other. Sega and Nintendo sought to "license" access to their hardware platforms, and each company developed software "locks" to keep out cartridges that did not have the proper "key." Accolade sought a license from Sega for its key, but negotiations broke down over price. Accolade then decided to reverse engineer Sega's lock and key system. To do so, it had to download (copy) all of the computer code from Sega's product and disassemble it (translate it from machine code into human-readable assembly). Accolade succeeded and began to market new video games that it independently wrote, which were capable of being operated in Sega consoles. This led to copyright infringement litigation, in which Sega alleged that the downloading was improper copying (reproduction) of Sega's code. The court held that Sega was trying to use the copyright in its computer code to maintain a monopoly over the sale of video games, to which it was not legally entitled. Accolade downloaded the computer code only to ascertain how the lock worked, so that it could make a key that would permit its games to work in Sega consoles. The court held that such a use was fair use: "We conclude that where disassembly is the only way to gain access to the ideas and functional elements embodied in a copyrighted computer program and where there is a legitimate reason for seeking such access, disassembly is a fair use of the copyrighted work, as a matter of law." However, since the passage of the anti-circumvention statutes contained in the 1169:), as well as other types of elaborations such as dramatizations, orchestrations, and new versions of works. In Spain, Art.11 TRLPI grants protection to derivative works such as translations, adaptations, revisions, musical arrangements and any transformation of a literary, artistic, or scientific work. Art. 4 of the Italian Copyright Act affords protection to creative elaborations of works, such as translations in another language, transformations from a literary or artistic form into another one, modifications or additions that constitute a substantial remake of the original work, adaptations, "reductions" (intended as shorter versions of protected works), compendia, and variations which do not constitute original works. In the Netherlands, Article 10-2 of the Dutch Copyright Act states that reproductions in a modified form of a work of literature, science or art, such as translations, musical arrangements, adaptations, and other elaborations, can be protected as original, without prejudice to the primary work. The Berne Convention, Art. 2, § 3 states: "Translations, adaptations, arrangements of music and other alterations of a literary or artistic work shall be protected as original works without prejudice to the copyright of the original work." This provision is incorporated into the TRIPS Agreement. For a comparison of different countries' regimes for protecting derivative works, see Daniel Gervais, 473:. Durham conceded that in making these toys it used Tomy's Disney figures as models. That was not determinative. The court said that "the only aspects of Tomy's Disney figures entitled to copyright protection are the non-trivial, original features, if any, contributed by the author or creator of these derivative works." But Tomy's toys reflected "no independent creation, no distinguishable variation from preexisting works, nothing recognizably the author's own contribution that sets Tomy's figures apart from the prototypical Mickey, Donald, and Pluto, authored by Disney and subsequently represented by Disney or its licensees in a seemingly limitless variety of forms and media." Because the court considered that "it is clear that the originality requirement imposed by the Constitution and the Copyright Act has particular significance in the case of derivative works based on copyrighted preexisting works," it denied relief and dismissed the claim. Thus the law is clear that a derivative work is protectable only to the extent that it embodies original expression. Its non-original aspects are not copyright-protectable (what is loosely called "uncopyrightable"). 1051:. However, during the COVID-19 pandemic, the Internet Archive expanded the availability of the archives with an initiative it called the National Emergency Library, during which they removed the waitlists on the books that limited the number of people who could use them at the same time. Four major publishers filed suit against the Archive, and the court ruled in the publishers' favor in March 2023, declaring that the unrestricted access to the National Emergency Library infringed their copyrights. According to the court, the book scans were derivative works and the expansive National Emergency Library concept was unsupported by fair use, so it required permission from the book publishers that the Internet Archive did not receive. 756:

aesthetic, or informative function, a search engine transforms the image into a pointer directing a user to a source of information. Just as a "parody has an obvious claim to transformative value" because "it can provide social benefit, by shedding light on an earlier work, and, in the process, creating a new one," a search engine provides social benefit by incorporating an original work into a new work, namely, an electronic reference tool. Indeed, a search engine may be more transformative than a parody because a search engine provides an entirely new use for the original work, while a parody typically has the same entertainment purpose as the original work.

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thumbnails is highly transformative: their creation and display is designed to, and does, display visual search results quickly and efficiently to users of Google Image Search." But Google's use had some commercial aspects and was claimed to impair P10's commercial interests. Yet, on balance the Ninth Circuit found that the transformativeness outweighed the other fair use factors because "Google has provided a significant benefit to the public" in facilitating image searches by means of thumbnail images. This opinion provided a second instance of the "beneficial=transformative" equation described in the preceding paragraph (from the

94: 863: 191: 27: 279:. Three major copyright law issues arise concerning derivative works: (1) what acts are sufficient to cause a copyright-protected derivative work to come into existence; (2) what acts constitute copyright infringement of a copyright in a copyright-protected work; and (3) in what circumstances is a person otherwise liable for infringement of copyright in a copyright-protected derivative work excused from liability by an affirmative defense, such as 767:…We conclude that the significantly transformative nature of Google's search engine, particularly in light of its public benefit, outweighs Google's superseding and commercial uses of the thumbnails in this case. … We are also mindful of the Supreme Court's direction that "the more transformative the new work, the less will be the significance of other factors, like commercialism, that may weigh against a finding of fair use." 759:…In conducting our case-specific analysis of fair use in light of the purposes of copyright, we must weigh Google's superseding and commercial uses of thumbnail images against Google's significant transformative use, as well as the extent to which Google's search engine promotes the purposes of copyright and serves the interests of the public. Although the district court acknowledged the "truism that search engines such as 271:

derivative work must be different enough from the original to be regarded as a "new work" or must contain a substantial amount of new material. Making minor changes or additions of little substance to a preexisting work will not qualify the work as a new version for copyright purposes. The new material must be original and copyrightable in itself. Titles, short phrases, and format, for example, are not copyrightable.

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the court found that Arriba's use benefited the public: "Arriba's use of the images serves a different function than Kelly's use — improving access to information on the internet versus artistic expression." The balance thus tilted strongly in Arriba's favor. The foregoing analysis in this case thus made the Ninth Circuit to be the first court to make the equation

446:. the Second Circuit held that a derivative work must be original relative to the underlying work on which it is based. Otherwise, it cannot enjoy copyright protection and copying it will not infringe any copyright of the derivative work itself (although copying it may infringe the copyright, if any, of the underlying work on which the derivative work was based). 828:

provide the public with additional information about making buying decisions (particularly in the form of price comparisons), but the opponents (the plaintiffs in these cases) argue that the defendants' conduct adversely affects the Web page proprietor's interest in the "integrity" of its Web page and its investment interest in creating and maintaining the page.

503:, the Second Circuit held that, if the creator of an unauthorized work stays within the bounds of fair use and adds sufficient original content, the original contributions in such an unauthorized derivative work are protectable under the Copyright Act. In that case, the plaintiff created a parody stage adaptation of a motion picture, without authorization. 1161:(Last updated: 10 December 2012). French law protects derivative works as "œuvres composites" or as "une œuvre dérivée." See Article L. 112–13 of the French Intellectual Property Code (CODE DE LA PROPRIÉTÉ INTELLECTUELLE, Art. L.112–13). The German Copyright Act, UrhG, sec. 3, 23, and 69c No. 2, protects translations ( 994:. But the derivative-work version of Amazon's web page partially covers up Amazon's advertising (at least temporarily) and adversely affects Amazon's investment interest in the preparation and maintenance of its web page. This may present a more difficult case of balancing interests than that which the court faced in 985:

provides derivative works that can be transformative, in that they provide the public with new functionality not previously offered — they may provide comparative price information, for example. Yet, pop-ups may also impair interests of the proprietors of Web pages subjected to them. For example, the

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we concluded that Arriba's use of thumbnails was transformative because "Arriba's use of the images served a different function than Kelly's use — improving access to information on the Internet versus artistic expression." Although an image may have been created originally to serve an entertainment,

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I believe the answer to the question of justification turns primarily on whether, and to what extent, the challenged use is transformative. The use must be productive and must employ the quoted matter in a different manner or for a different purpose from the original. ... the secondary use adds value

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The copyright in a compilation or derivative work extends only to the material contributed by the author of such work, as distinguished from the preexisting material employed in the work, and does not imply any exclusive right in the preexisting material. The copyright in such work is independent of,

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and other sources. Nevertheless, no legal rule prevents a derivative work from being based on a work that is itself a derivative work based on a still earlier work — at least, so long as the last work borrows expressive elements from the second work that are original with the second work rather than

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The exclusive right to prepare derivative works, specified separately in clause (2) of section 106, overlaps the exclusive right of reproduction to some extent. It is broader than that right, however, in the sense that reproduction requires fixation in copies or phonorecords, whereas the preparation

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This issue sometimes arises in the context of the defendant purchasing a copy of a picture or some other work from the copyright owner or a licensee and then reselling it in different context. For example, pictures from greeting cards might be affixed to tiles or one kind of textile product might be

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case rested on the copyrightability of an "Uncle Sam" toy bank, first copyrighted in 1886. These toys have Uncle Sam's extended arm and outstretched hand adapted to receive a coin; when the user presses a lever, Uncle Sam appears to put the coin into a carpet bag. One maker of these banks, Jeffrey

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the phrase in French "She is hot in the ass") to Leonardo's iconic work. These few seemingly insubstantial additions were highly transformative because they incensed contemporary French bourgeoisie by mocking their cult of "Jocondisme," at that time said to be "practically a secular religion of the

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cases, however, the courts appeared to have recognized that some conflict existed, but they finessed the balancing task by finding one side or the other's interest negligible, so that no serious work had to be done in gauging the balance. although several courts have found no copyright infringement

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French law prefers the term "œuvre composite" ("composite work") although the term '"œuvre dérivée" is sometimes used. It is defined in article L 113-2, paragraph 2 of the Intellectual Property Code as "new works into which pre-existing work , without the collaboration of its author". The Court of

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to determine whether that material is protected by copyright or whether it has been used in a lawful manner. However, the registration specialist may communicate with the applicant if the preexisting material has not been excluded from the claim and it is reasonably clear that the claimant may not

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was a relatively polar case. The harm to Kelly, the copyright owner, was negligible; it was hardly more than hurt feelings, because as the Ninth Circuit said in its opinion – "Arriba's creation and use of the thumbnails does not harm the market for or value of Kelly' s images." On the other hand,

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provide great value to the public," the district court did not expressly consider whether this value outweighed the significance of Google's superseding use or the commercial nature of Google's use. The Supreme Court, however, has directed us to be mindful of the extent to which a use promotes the

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For copyright protection to attach to a later, allegedly derivative work, it must display some originality of its own. It cannot be a rote, uncreative variation on the earlier, underlying work. The latter work must contain sufficient new expression, over and above that embodied in the earlier work

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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

182:, stipulates that derivative works shall be protected although it does not use the term, namely that "Translations, adaptations, arrangements of music and other alterations of a literary or artistic work shall be protected as original works without prejudice to the copyright in the original work". 946:

from the show's third season that had lapsed into the public domain in 1989; CBS successfully argued that because all of the episodes from the show's first two seasons were still under valid copyright, that CBS still held copyright on the characters used in those episodes and could block a public

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own the copyright in that material, such as a mix tape containing a compilation of well-known sound recordings. The Office also may question derivative claims that appear to be unlawful and that are inseparable or intertwined with an underlying work, such as stage directions for a dramatic work."

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case), the defendant affixed the copyright owner's copyright-protected note cards and small lithographs to tiles and then resold them. The original art was not changed or reproduced, only bonded to ceramic and sold. The court held that this act was not original and creative enough to rise to the

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Artists copying the "Mona Lisa". The original picture is in the public domain, but both the derivative work (the copy of the picture) and this photograph would attract their own copyright. The artists and photographer were working for the copyright holder, who has released the rights under a "CC

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The use of pop-up advertising, in which third-party advertisements pop up on a competitor's Web page and change its appearance to allegedly create a derivative work, may present transformativeness issues. The proponents of such pop-ups (the defendants in infringement litigation) argue that they

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claimed was important to its marketing program. The court held, among other things, that the fair use defense shielded Galoob's conduct. The court said that "a party who distributes a copyrighted work cannot dictate how that work is to be enjoyed. Consumers may use ... a Game Genie to enhance a

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entitles the copyright holder to begin the distribution chain of a copyrighted work - by selling note cards, for instance, or giving them away - it does not permit the copyright holder to control what is done with the item after it is distributed. Unless there is a separate contract between the

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case the interests were more evenly balanced, for the first time in a derivative work case involving new information technology. Both Google and Perfect 10 had legitimate interests at stake and support for their respective positions. Thus, there was a finding that "Google's wide-ranging use of

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Transformative uses may include criticizing the quoted work, exposing the character of the original author, proving a fact, or summarizing an idea argued in the original in order to defend or rebut it. They also may include parody, symbolism, aesthetic declarations, and innumerable other uses.

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To narrow the statute to a manageable level, we have developed certain criteria a work must satisfy in order to qualify as a derivative work. One of these is that a derivative work must exist in a "concrete or permanent form,"....The requirement that a derivative work must assume a concrete or

1847:, 69 U.S.P.Q.2d 1337 (S.D.N.Y. 2003). In both cases, the courts stressed the transitory nature of the accused conduct and insisted that the supposed derivative works were not "fixed" long enough to be cognizable under copyright law. As yet, there is no court of appeals precedent on this issue. 270:

A typical example of a derivative work received for registration in the Copyright Office is one that is primarily a new work but incorporates some previously published material. This previously published material makes the work a derivative work under the copyright law. To be copyrightable, a

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Most countries' legal systems seek to protect both original and derivative works. They grant authors the right to impede or otherwise control their integrity and the author's commercial interests. Derivative works and their authors benefit in turn from the full protection of copyright without

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In both of these cases, the defendants were held not to be liable for copyright infringement, even though they presumably copied a considerable amount from the plaintiff's work. They were not liable because the plaintiff did not enjoy copyright protection. The plaintiffs' works lacked enough

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case. In parody, as the Court explained, the transformativeness is the new insight that readers, listeners, or viewers gain from the parodic treatment of the original work. As the Court pointed out, the words of the parody "derisively demonstrat how bland and banal the Orbison song" is.

2057:, the Supreme Court said that the question is whether the second work "adds something new, with a further purpose or different character, altering the first with new expression, meaning, or message; it asks, in other words, whether and to what extent the new work is 'transformative.' " 897:." Thus it has been said that the "transformation of a cult icon into an object of ridicule by adding a small quantum of additional material can readily be deemed preparation of a derivative work." A parodic derivative work based on Duchamp's parodic derivative work is shown at this 1019:

referred to above in this section, and pop-up advertising are examples of derivative works that became possible only with the advent of recent technology. The last sentence of section 101's definition of derivative work (at the beginning of section 1.1 of this Article) defines

739:, the courts find a use (such as that of thumbnails in an image search engine, for indexing purposes) transformative because it provides an added benefit to the public, which was not previously available and might remain unavailable without the derivative or secondary use. The 714:

to the original--if the quoted matter is used as raw material, transformed in the creation of new information, new aesthetics, new insights and understandings--this is the very type of activity that the fair use doctrine intends to protect for the enrichment of society.

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to customize the difficulty or other characteristics of the game by granting a character more strength, speed, or endurance. Nintendo strongly opposed Galoob's product, allegedly because it interfered with the maintenance of the "Nintendo Culture," which

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Court described it, developed in relation to fair use of traditional works: literary works, musical works, and pictorial works. But recently courts have extended this rationale to Internet and computer-related works. In such cases, as illustrated by

141:). The derivative work becomes a second, separate work independent from the first. The transformation, modification or adaptation of the work must be substantial and bear its author's personality sufficiently to be original and thus protected by 307:(Case T‑19/07). However, it was overturned in 2013 based on the conclusion that the case did not fall within the General Court's jurisdiction, after concluding that the dispute had been of a contractual nature, instead of a non-contractual one. 1024:

as derivative works. Annotations of other works have long existed, but new technology permits the creation of new forms of annotation. An illustration of such a new-technology annotation is provided in this example of an annotation of

917:, is a similar example of transforming a work by showing it in a harsh new light or criticizing its underlying assumptions. Because of the parody's transformativeness, the Supreme Court found the derivative work a fair use. 979:); if that is so, the second or derivative work is independently subject to copyright protection, and if that is not, the second work (if unauthorized) may infringe the first, but it is not independently copyrightable. 880:. Generations of U.S. copyright law professors — since at least the 1950s — have used it as a paradigmatic example. Marcel Duchamp created the work by adding, among other things, a moustache, goatee, and the caption 542:, too insubstantial to "count", there is no infringing preparation of a derivative work. So long as there is no derivative work, there is no infringement—since no conduct that the Copyright Act forbids has occurred. 940:, ruled that television series that have some episodes lapse into the public domain can be classified as derivative works and subject to indirect copyright accordingly. The lawsuit centered around 16 episodes of 1932:(pub. Blackwell Pub. 2005), at pp. 223-24, explaining Walter Benjamin's essay, "The Work of Art in the Age of Mechanical Reproduction," as first conceptualizing "what Marcel Duchamp had already shown in 1919 in 646:

produced video game consoles. Each stored the games in plastic cartridges that provided game data to the consoles. By way of analogy, the Sega hardware console's "platform" differed from Nintendo's, as a

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Copyright ownership in a derivative work attaches only if the derivative work is lawful, because of a license or other "authorization." The U.S. Copyright Office says in its circular on derivative works:

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A work can be the source to many different types of derivative works that differ in type from the original. In this illustration, a comic book is the source to merchandise, a video game, a magazine and a

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In any case where a copyrighted work is used without the permission of the copyright owner, copyright protection will not extend to any part of the work in which such material has been used unlawfully.

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the court found that any transformative purpose possessed in the derivative work was "slight to non-existent." Accordingly, the court held that defendants had prepared an infringing derivative work.

359:) in the case of a literary, dramatic or musical work, to make any sound recording, cinematograph film or other contrivance by means of which the work may be mechanically reproduced or performed, 400:." The number of derivative works has been adversely impacted by the introduction of the copyright law, which made them illegal in numerous circumstances, and positively by the spread of the 219:

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".

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for one reason or another. In an analogous area of copyright law, a solution reached was to permit the use challenged as infringement, but to require payment of a reasonable royalty.

175: 926:, are considered derivative works, for purposes of infringement liability, at least if they incorporate a substantial amount of copyright-protected content from the TV episodes. In 304: 2104:

Providing consumers with new functionality is an indicium of transformativeness and thus of a fair use that may insulate a copyist from infringement liability. See discussion of

388:. Where there is no derivation, reproduction, or production of a new and original work which incorporates the artist's work, there is no violation of the Copyright Act. 831:

An example of promotional advertising for a pop-up company, illustrating various pop-up techniques for changing the appearance of another firm's Web page is shown in

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This is taken out of its context of a description of a notional derivative-work copyright infringement suit between Chaucer and a Professor Annotator, found at

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Little attention has been paid to the balancing of the interests at stake in derivative work copyright disputes where conflicting interests are present. In the

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case, the court applied the same principle in a suit between two different Disney toy licensees in which one licensee claimed that the other had pirated his

380:, 2002 SCC 34, the Supreme Court of Canada clarified the statutory recognition of derivative works extended only to circumstances where there was production 179: 1676: (S.D.N.Y. 1959).(no infringement where defendant sewed together towels with copyright-protected design imprinted on them, so as to make hand bags). 613: 495:

The courts have so far addressed little attention to the issue of lawful (i.e., not unlawful) use without authorization, as in fair-use cases such as the

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of a derivative work, such as a ballet, pantomime, or improvised performance, may be an infringement even though nothing is ever fixed in tangible form.

533:, since bonding the cards to ceramic did not create a derivative work, A.R.T. Co. was legally within their rights to resell the cards in such a fashion. 1154: 324: 250:

Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following:

1955:: "It is not the artistic achievement of Leonardo that is mocked by moustache, goatee, and obscene allusion, but rather the cult object that the 559:

The 9th Circuit, however, has resisted this expansive view of liability for derivative works by imposing its own quasi-fixation requirement. In

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Based on the Copyright Office's statement, it may appear that the Office will not register a copyright in a parody such as that involved in the

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The defense of fair use has become very important in computer- and Internet-related works. Two 1992 Ninth Circuit decisions are illustrative.

366:) in the case of any literary, dramatic, musical or artistic work, to reproduce, adapt and publicly present the work as a cinematographic work 37: 1516: 1219:"Est dite composite l'oeuvre nouvelle à laquelle est incorporée une oeuvre préexistante sans la collaboration de l'auteur de cette dernière." 1076: 259:(3) to distribute copies...of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending.... 1274: 3116: 779:

cases illustrates different data points on the copyright infringement spectrum, at least with respect to transformativeness and fair use.

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Derivative works represent the majority of the human cultural, scientific and technological heritage, as exemplified by the proverb about "

1940:... Marcel Duchamp succeeded in destroying what Benjamin called the traditional art work's aura, that aura of authenticity and uniqueness" 601:

was an unauthorized derivative work, fair use was still available as a complete defense. This case marked the Supreme Court's pointing to

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opinion. In his article, Leval explained the social importance of transformative use of another's work and what justifies such a taking:

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and does not affect or enlarge the scope, duration, ownership, or subsistence of, any copyright protection in the preexisting material.

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French bourgeoisie and an important part of their self image." Duchamp's defacement of their icon was considered "a major stroke of

202:) is copyrightable because of the additional graphics. Yet the chest radiograph component of the work is still in the Public Domain. 3084: 2547: 2125: 1081: 638: 2272: 1770: 835: 1202:

Berne Convention for the Protection of Literary and Artistic Works, Paris Act of July 24, 1971, as amended on September 28, 1979

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fair use, albeit unauthorized. The Court noted that parodies are usually unauthorized works. However, the Office states in its

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originality to acquire copyright protection of their own. They were too close to the original works on which they were based.

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taken from the earliest work. The key is whether the copied elements are original and expressive (not merely conventional or

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Even if a work is found to be an unauthorized derivative work, an alleged infringer can escape liability via the defense of

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The statutory definition is incomplete and the concept of derivative work must be understood with reference to explanatory

1181: 2553: 2095:, which has links to promotional material by companies engaging in this business, arguing the benefits of their services. 1607:"Ordinarily, the Office will not examine the preexisting material that appears in a derivative work, a compilation, or a 397: 2189: 2265: 2053: 1928: 913: 679: 589: 239: 223: 207: 1951: 1040:, in which a small pop-up window provides the definition of a difficult word when the cursor is moused over the word. 2569: 71: 1507: 1484: 729: 1621: 428:

Although serious emphasis on originality, at least so designated, began with the Supreme Court's 1991 decision in

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Grassmuck, Volker (2011). "Towards a New Social Contract". In Guibault, Lucie; Angelopoulos, Christina (eds.).

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The Court's opinion emphasized the importance of transformativeness in its fair use analysis of the parody of "

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parties, the person who owns the object has the right to give it away or resell it themself. In the case of

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case, even though the Supreme Court suggested strongly that the preparation of that derivative work was

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level of creating a derivative work, but effectively similar to any other form of display or art frame.

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Nintendo Game cartridge's audiovisual display in such a way as to make the experience more enjoyable."

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had created an archive of scans of books which it had physical copies of, which it initially lent out

84: 3267: 3164: 2692: 2220: 1843:, 293 F. Supp. 734 (E.D. Mich. 2003), the district court rejected this argument, as did the court in 642:, the court excused Accolade from copyright infringement liability on fair use grounds. Nintendo and 296:

Cassation has interpreted this statute as requiring two distinct inputs at different points in time.

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The digitisation of cultural heritage: originality, derivative works, and (non) original photographs

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is an expressive creation that includes major copyrightable elements of a first, previously created

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does provide the following generally agreed-upon examples of what constitutes a derivative work in

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The modern emphasis of transformativeness in fair use analysis stems from a 1990 article by Judge

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For a more detailed discussion of pop-up and transformativeness, see the Knowledge article

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had become in that temple of bourgeois art religion, the Louvre." (Quoted in Steven Baker,

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pop-up ad shown above left informs the public as to price competition between Half.com and

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Graphic from the United States Copyright Office, 1959, giving examples of derivative works.

49: 8: 3231: 3184: 3179: 3159: 2920: 2781: 2609: 2520: 2315: 2288: 2210: 760: 740: 525: 345:) in the case of a dramatic work, to convert it into a novel or other non-dramatic work, 45: 2122: 1336: 1275:"Supreme Court of Canada - Decisions - Théberge v. Galerie d'Art du Petit Champlain inc" 792:, the more transformative a derivative use the more likely the use is to be a fair use. 3095: 2908: 2697: 2483: 2144:"The Internet Archive has lost its first fight to scan and lend e-books like a library" 1778: 1391: 1086: 968: 701: 668: 602: 2195:"Copyright in Derivative Works and Compilations" (Hosted by the U.S. Copyright Office) 1743: 1201: 832: 3262: 3139: 2768: 2594: 2437: 2392: 2367: 2310: 1461: 1436: 1381: 1356: 652: 619: 438:

lower court decisions addressed this requirement in relation to derivative works. In

705:, "Toward a Fair Use Standard", which the Court quoted and cited extensively in its 227: 2842: 2807: 2515: 2488: 2463: 2422: 2412: 2362: 2245: 1726: 1428: 1348: 1131: 1044: 1037: 1026: 958: 684: 594: 206:

An extensive definition of the term is given by the United States Copyright Act in

195: 1214:

Code de la Propriété Intellectuelle, Book I, Title I, Chapter III, Article L 113-2

1009: 975: 898: 93: 3014: 3009: 2989: 2837: 2776: 2720: 2589: 2478: 2241: 2234: 2206: 2129: 1981: 1905: 1883: 1873: 1836: 1825: 1617: 1511: 1488: 1455: 1185: 1158: 1033: 1016: 952: 905: 862: 839: 696: 243: 211: 150: 2822: 2199: 1877: 1866: 1829: 1818: 190: 3058: 2651: 2619: 2530: 2387: 2357: 2352: 2216: 1178: 1171:

The Derivative Right, or Why Copyright Law Protects Foxes Better than Hedgehogs

470: 430: 97: 1150:

In the US, 17 U.S.C. § 106(2) protects derivative works. For the UK, see

3251: 3236: 3134: 2999: 2994: 2964: 2949: 2832: 2677: 2629: 2432: 2417: 2337: 2194: 1440: 1432: 1395: 1375: 1360: 1337:"Standing on the Shoulders of Giants: Cumulative Research and the Patent Law" 1126: 1096: 1005: 263: 199: 126: 2257: 799:

Court recognized that the balance may not always be one-sided, as it was in

605:

as a major clue to application of the fair use defense to derivative works.

3226: 2827: 2656: 2599: 2473: 2468: 2377: 2332: 1121: 462: 1517:"CoolCopyright | Chapter 3 | L. Batlin & Son, Inc v. Snyder" 3216: 3004: 2954: 2937: 2802: 2758: 2614: 2427: 1567: 1453: 598: 466: 422: 338:) to produce, reproduce, perform or publish any translation of the work, 154: 146: 1504: 1481: 1417:"I Borrow, You Steal: Plagiarism through centuries and across art forms" 1377:

Towards a New Social Contract: Free-Licensing into the Knowledge Commons

771:

The Ninth Circuit's treatment of transformativeness and fair use in the

3035: 2959: 2748: 2682: 2320: 1731:

The Game Genie Case: Copyright in Derivative Works versus Users' Rights

1380:. From Theory to Practice. Amsterdam University Press. pp. 21–50. 1352: 1066: 1061: 991: 872: 624: 538: 280: 102: 2984: 2932: 2812: 2753: 2641: 2442: 2397: 2382: 2372: 2184: 1291:

examples of what might be called derivative works listed in s. 3(1)(

1116: 982: 648: 142: 108: 3204: 3090: 2914: 2886: 2817: 2743: 2728: 2636: 1101: 987: 922: 629: 584: 401: 284: 276: 134: 673:

A crucial factor in current legal analysis of derivative works is

176:

Berne Convention for the Protection of Literary and Artistic Works

3129: 3103: 2847: 2672: 2646: 2510: 1555:

http://coolcopyright.com/contents/chapter-2/l-batlin-son-v-snyder

870:

The most famous derivative work in the world has been said to be

256:(2) to prepare derivative works based upon the copyrighted work; 2190:

US Copyright 'Derivative Works' (Hosted by the Copyright Office)

1454:

Dariusz Jemielniak; Aleksandra Przegalinska (18 February 2020).

578: 2852: 2738: 2733: 2624: 2407: 2342: 2200:

Frequently Asked Questions (and Answers) about Derivative Works

1106: 823:

Screenshot of Half.com pop-up ad over Amazon's Web page c. 2008

524:

Distribution rights differ from reproduction rights. While the

1493:

http://cases.justia.com/us-court-of-appeals/F2/630/905/238194/

857: 764:

purposes of copyright and serves the interests of the public.

677:, largely as a result of the Supreme Court's 1994 decision in 593:, the Supreme Court found that although a parody of the song " 421:

for the latter work to satisfy copyright law's requirement of

2944: 2925: 2402: 819: 536:

When the defendant's modification of the plaintiff's work is

404: 116: 3211: 3078: 1669:

Scarves by Vera, Inc. v. United Merchants & Mfrs., Inc.

1447: 656: 643: 512:

turned into another that can be sold at a higher price. In

410: 391: 947:

domain distributor from selling DVDs with those episodes.

2004:

Castle Rock Entertainment, Inc. v. Carol Publishing Group

1152:

UK Copyright Service, "Fact Sheet P-22: Derivative works"

935: 889: 570:

permanent form was recognized without much discussion in

751:

Google's use of thumbnails is highly transformative. In

161:

prejudicing the rights of the original work's author.

1685:

H.R. Rep. No. 94-1476, 94th Cong., 2d Sess. 62 (1976)

2035:"CBS Operations Inc v. Reel Funds International Inc" 1312:"Creative Commons Attribution 2.5 Canada Legal Code" 614:

Lewis Galoob Toys, Inc. v. Nintendo of America, Inc.

253:(1) to reproduce the copyrighted work in copies...; 1936:by iconoclastically altering a reproduction of the 1639:

2015 U.S. App. LEXIS 19085 (2d Cir. Oct. 30, 2015).

303:in 2010 decided on a matter of derivative works in 966:is also a derivative work that draws heavily from 319:does not explicitly define "derivative work", the 264:US Copyright Office Circular 14: Derivative Works 2185:US Copyright Act (Hosted by the Copyright Office) 373:Théberge v. Galerie d'Art du Petit Champlain Inc. 3249: 1204:Article 2, paragraph 3. Accessed 25 October 2013 911:The mockery of "Oh, Pretty Woman," discussed in 1974:"L.H.O.O.Q.- Internet-Related Derivative Works" 1503:536 F.2d 486 (2d Cir.) (en banc), available at 506: 2108:case earlier in this section and its equation 1902:"L.H.O.O.Q.-Internet-Related Derivative Works" 1579:, 697 F.2d 27, 34 n.6 (2d Cir. 1982)(dictum); 1568:Copyright in Derivative Works and Compilations 956:, is a derivative work based on Shakespeare's 2583:Cinema / television / video 2287: 2273: 2235:L.H.O.O.Q.--Internet-Related Derivative Works 1867:http://docs.law.gwu.edu/facweb/claw/ch6c2.htm 1865:See cases on pop-up advertising collected at 1575:, 698 F.2d 300, 302 (7th Cir. 1983) (dictum); 1077:Copyright aspects of hyperlinking and framing 579:The fair use defense in derivative work cases 34:The examples and perspective in this article 3117:Palimpsests: Literature in the Second Degree 2123:L.H.O.O.Q.—Internet-Related Derivative Works 2110:highly beneficial to public = transformative 1604:of its Practices (3d ed.), § 313.6(B): 1577:Eden Toys, Inc. v. Florelee Undergarment Co. 882: 786:highly beneficial to public = transformative 1583:, 52 F. Supp. 2d 893, 906 (N.D. Ill. 1999). 858:Examples of derivative works under U.S. law 480: 2280: 2266: 2080:When does derivative-work copyright apply? 1480:630 F.2d 905 (2d Cir, 1980), available at 415: 2141: 1373: 1334: 1222: 1188:for Information Law, Univ. of Amsterdam, 407:in the late 20th and early 21st century. 72:Learn how and when to remove this message 2078:cases, discussed earlier in the section 1841:Wells Fargo & Co. v. WhenU.com, Inc. 1082:Derivative Work Controversy in Hong Kong 920:Trivia books based on TV shows, such as 861: 818: 788:, and as the Supreme Court explained in 639:Sega Enterprises, Ltd. v. Accolade, Inc. 411:Application of derivative-work copyright 392:Significance, history and social context 189: 115: 92: 83: 1845:1-800 Contacts, Inc. v. WhenU.com, Inc. 545: 194:In U.S. law, this derivative work of a 3250: 938:Operations v. Reel Funds International 331:"copyright"...includes the sole right 301:Court of Justice of the European Union 157:are common types of derivative works. 2261: 1505:http://www.altlaw.org/v1/cases/554959 1482:http://www.altlaw.org/v1/cases/551553 662: 440:Durham Industries, Inc. v. Tomy Corp. 2254:" by Sarah Ovenall, Funnystrange.com 736:Perfect 10, Inc. v. Amazon.com, Inc. 20: 1949:See, for example, Andreas Huyssen, 1177:J. OF ENT. AND TECH. LAW 785 2013; 444:L. Batlin & Son, Inc. v. Snyder 398:standing on the shoulders of giants 13: 2059:Campbell v. Acuff-Rose Music, Inc. 2054:Campbell v. Acuff-Rose Music, Inc. 1929:Post-Impressionism to World War II 1904:. Docs.law.gwu.edu. Archived from 1856:See cases cited in preceding note. 1627:the Tank Engine of free expression 914:Campbell v. Acuff-Rose Music, Inc. 680:Campbell v. Acuff-Rose Music, Inc. 590:Campbell v. Acuff-Rose Music, Inc. 14: 3279: 2178: 2172:Droits d'auteur et Droits Voisins 2142:Hollister, Sean (25 March 2023). 1335:Scotchmer, Suzanne (March 1991). 550:In a House Report, Congress said: 290: 106:, a derivative work based on the 2230:" by David M. Spatt, Artslaw.org 1926:See, for example, Debbie Lewer, 1817:See discussion of this point at 1341:Journal of Economic Perspectives 1049:digitally in a controlled manner 730:Kelly v. Arriba Soft Corporation 651:platform differs from that of a 185: 25: 2164: 2135: 2115: 2098: 2085: 2064: 2045: 2027: 2009: 1996: 1966: 1943: 1920: 1894: 1888: 1859: 1850: 1811: 1802: 1793: 1763: 1754: 1736: 1719: 1708: 1688: 1679: 1660: 1642: 1633: 1586: 1559: 1547: 1535: 1497: 1474: 1409: 1367: 2170:Bellefonds, Xavier Linant de, 2006:, 150 F.3d 132 (2d Cir. 1998). 1733:, 3 ENTERTAINMENT L. REV. 104 1328: 1304: 1267: 1249: 1231: 1207: 1195: 1144: 722:The concept, as Leval and the 623:, to use Galoob's product the 305:Systran v. European Commission 1: 3046:Pierre Menard, Author of the 2892:Archetypal literary criticism 2452:Literature / theatre 1961:The Fiction of Postmodernity, 1808:487 F.3d 701 (9th Cir. 2007). 1553:For a visual comparison, see 1323:Derivative works include: ... 1138: 164: 2858:Source criticism in the arts 2526:Readymades of Marcel Duchamp 1715:964 F.2d 965 (9th Cir. 1992) 1616:For further discussion, see 1427:(4): 29–40. 1 January 2011. 507:Liability of derivative-work 499:case. Recently, however, in 7: 3059:Reality Hunger: A Manifesto 2061:, 510 U.S. 569, 579 (1994). 1054: 378:[2002] 2 S.C.R. 336 48:, discuss the issue on the 10: 3284: 3165:Appropriation in sociology 2217:Geek Law: Derivative Works 1697:Micro Star v. FormGen Inc. 1571:. To the same effect, see 878:Mona Lisa With a Moustache 666: 562:Micro Star v. FormGen Inc. 3170:Articulation in sociology 3148: 3071: 3023: 2973: 2870: 2795: 2767: 2719: 2710: 2693:Revivalism (architecture) 2665: 2582: 2539: 2506: 2497: 2451: 2303: 2296: 1705: (9th Cir. 1998). 1657: (7th Cir. 1997). 1228:Bellefonds (2002:147,148) 1165:) and other adaptations ( 310: 2882:Aesthetic interpretation 1674:173 F. Supp. 625 1573:Gracen v. Bradford Exch. 1510:21 December 2008 at the 1433:10.1163/095796512X625436 1184:27 December 2016 at the 1112:Threshold of originality 481:Lawful works requirement 169: 16:Concept in copyright law 3124:The Pictures Generation 2903:The Death of the Author 1882:2 November 2014 at the 1835:2 November 2014 at the 1748:digital-law-online.info 1565:U.S. Copyright Office, 1487:12 October 2008 at the 1032:1 February 2009 at the 416:Originality requirement 321:Copyright Act of Canada 3195:Copyright infringement 3175:Cultural appropriation 2240:19 August 2018 at the 2228:DERIVATIVE WORK RIGHTS 1952:After the Great Divide 1614: 943:The Andy Griffith Show 883: 867: 824: 769: 743:explained this in the 720: 576: 557: 493: 368: 317:Canadian copyright law 273: 261: 237: 221: 203: 122: 113: 90: 3222:Participatory culture 3190:Intellectual property 2174:, Dalloz, Paris, 2002 2128:16 April 2008 at the 1703:154 F.3d 1107 1605: 1457:Collaborative Society 1157:21 April 2017 at the 1092:Intellectual property 1072:Copyright Act of 1976 1015:2 August 2020 at the 904:2 August 2020 at the 890:phonetically resemble 865: 822: 749: 711: 567: 565:Judge Kozinski wrote: 552: 488: 384:multiplication, i.e. 329: 268: 248: 232: 216: 193: 151:cinematic adaptations 119: 96: 87: 2897:Artistic inspiration 2721:Intertextual figures 2688:Parody advertisement 1872:19 June 2009 at the 1824:19 June 2009 at the 1799:336 F.3d 811 (2003). 1760:977 F.2d at 1527-28. 1655:125 F.3d 580 1167:andere Bearbeitungen 876:, also known as the 838:19 June 2009 at the 546:Fixation requirement 155:musical arrangements 54:create a new article 46:improve this article 36:may not represent a 3232:Recontextualisation 3185:Information society 3180:History of printing 3160:Academic dishonesty 2921:Genius (literature) 2610:Literal music video 2521:Photographic mosaic 2316:Chopped and screwed 2211:Chillingeffects.org 2205:9 July 2014 at the 1771:"Leval on Fair Use" 1523:on 5 September 2008 1257:"CURIA - Documents" 1239:"CURIA - Documents" 895:épater le bourgeois 761:Google Image Search 741:Ninth Circuit Court 526:first-sale doctrine 178:, an international 121:BY-SA 2.0" license. 2909:Divine inspiration 2698:Video game modding 2540:By source material 2223:, Linuxjournal.com 2023:on 31 August 2013. 1744:"Sega v. Accolade" 1544:, 536 F.2d at 488. 1353:10.1257/jep.5.1.29 1087:Galoob v. Nintendo 1027:Chaucer's Prologue 983:Pop-up advertising 969:Pyramus and Thisbe 868: 825: 702:Harvard Law Review 687:" involved in the 675:transformativeness 669:Transformativeness 663:Transformativeness 603:transformativeness 587:. For example, in 457:In the subsequent 204: 123: 114: 91: 3245: 3244: 3152:artistic concepts 3140:Russian formalism 2866: 2865: 2706: 2705: 2595:Anime music video 2578: 2577: 2570:Statue of Liberty 2368:Musical quotation 2311:Bootleg recording 1984:on 19 August 2018 1908:on 19 August 2018 1781:on 28 August 2008 1650:Lee v. A.R.T. Co. 1629:(Feb, 21, 2008). 1581:Pickett v. Prince 1467:978-0-262-35645-9 1387:978-90-8964-307-0 620:Super Mario Bros. 514:Lee v. A.R.T. Co. 198:(which is in the 82: 81: 74: 56:, as appropriate. 3275: 3268:Derivative works 3064: 3054: 3041: 2872:Related artistic 2838:Imitation in art 2808:Assemblage (art) 2717: 2716: 2516:Combine painting 2504: 2503: 2489:Verbatim theatre 2464:Cut-up technique 2363:Music plagiarism 2301: 2300: 2282: 2275: 2268: 2259: 2258: 2252:Derivative Works 2246:Richard H. Stern 2159: 2158: 2156: 2154: 2139: 2133: 2119: 2113: 2102: 2096: 2089: 2083: 2068: 2062: 2049: 2043: 2042: 2031: 2025: 2024: 2019:. Archived from 2013: 2007: 2000: 1994: 1993: 1991: 1989: 1980:. Archived from 1978:docs.law.gwu.edu 1970: 1964: 1947: 1941: 1924: 1918: 1917: 1915: 1913: 1898: 1892: 1886: 1863: 1857: 1854: 1848: 1815: 1809: 1806: 1800: 1797: 1791: 1790: 1788: 1786: 1777:. Archived from 1775:docs.law.gwu.edu 1767: 1761: 1758: 1752: 1751: 1740: 1734: 1727:Richard H. Stern 1723: 1717: 1712: 1706: 1700: 1692: 1686: 1683: 1677: 1671: 1664: 1658: 1652: 1646: 1640: 1637: 1631: 1590: 1584: 1563: 1557: 1551: 1545: 1539: 1533: 1532: 1530: 1528: 1519:. Archived from 1501: 1495: 1478: 1472: 1471: 1451: 1445: 1444: 1413: 1407: 1406: 1404: 1402: 1371: 1365: 1364: 1332: 1326: 1325: 1320: 1318: 1308: 1302: 1301: 1288: 1286: 1281:on 30 April 2008 1277:. Archived from 1271: 1265: 1264: 1253: 1247: 1246: 1235: 1229: 1226: 1220: 1218: 1211: 1205: 1199: 1193: 1148: 1132:Creative Commons 1045:Internet Archive 1038:Canterbury Tales 964:Romeo and Juliet 959:Romeo and Juliet 933:A 2007 lawsuit, 886: 685:Oh, Pretty Woman 595:Oh, Pretty Woman 196:chest radiograph 180:copyright treaty 77: 70: 66: 63: 57: 29: 28: 21: 3283: 3282: 3278: 3277: 3276: 3274: 3273: 3272: 3248: 3247: 3246: 3241: 3227:Pirate politics 3200:Derivative work 3153: 3151: 3144: 3067: 3062: 3052: 3039: 3028: 3026: 3019: 3015:Story structure 3010:Stock character 2990:Formula fiction 2978: 2976: 2975:Standard blocks 2969: 2875: 2873: 2862: 2791: 2763: 2712: 2702: 2661: 2590:Abridged series 2574: 2562:Michelangelo's 2554:Michelangelo's 2535: 2500: 2493: 2479:Jukebox musical 2447: 2292: 2286: 2242:Wayback Machine 2207:Wayback Machine 2181: 2167: 2162: 2152: 2150: 2140: 2136: 2130:Wayback Machine 2120: 2116: 2103: 2099: 2093:on this subject 2090: 2086: 2069: 2065: 2050: 2046: 2033: 2032: 2028: 2015: 2014: 2010: 2001: 1997: 1987: 1985: 1972: 1971: 1967: 1948: 1944: 1925: 1921: 1911: 1909: 1900: 1899: 1895: 1889: 1884:Wayback Machine 1874:Wayback Machine 1864: 1860: 1855: 1851: 1837:Wayback Machine 1828:Washington Law 1826:Wayback Machine 1816: 1812: 1807: 1803: 1798: 1794: 1784: 1782: 1769: 1768: 1764: 1759: 1755: 1742: 1741: 1737: 1724: 1720: 1713: 1709: 1694: 1693: 1689: 1684: 1680: 1667: 1665: 1661: 1648: 1647: 1643: 1638: 1634: 1618:Rebecca Tushnet 1609:collective work 1591: 1587: 1564: 1560: 1552: 1548: 1540: 1536: 1526: 1524: 1515: 1512:Wayback Machine 1502: 1498: 1489:Wayback Machine 1479: 1475: 1468: 1452: 1448: 1415: 1414: 1410: 1400: 1398: 1388: 1372: 1368: 1333: 1329: 1316: 1314: 1310: 1309: 1305: 1284: 1282: 1273: 1272: 1268: 1261:curia.europa.eu 1255: 1254: 1250: 1243:curia.europa.eu 1237: 1236: 1232: 1227: 1223: 1216: 1212: 1208: 1200: 1196: 1186:Wayback Machine 1159:Wayback Machine 1149: 1145: 1141: 1136: 1057: 1034:Wayback Machine 1017:Wayback Machine 953:West Side Story 906:Wayback Machine 888:(letters which 860: 840:Wayback Machine 766: 765: 758: 757: 716: 715: 697:Pierre N. Leval 671: 665: 581: 548: 509: 501:Keeling v. Hars 483: 442:and earlier in 418: 413: 394: 313: 293: 188: 172: 167: 139:underlying work 131:derivative work 78: 67: 61: 58: 43: 30: 26: 17: 12: 11: 5: 3281: 3271: 3270: 3265: 3260: 3243: 3242: 3240: 3239: 3234: 3229: 3224: 3219: 3214: 3209: 3208: 3207: 3202: 3197: 3187: 3182: 3177: 3172: 3167: 3162: 3156: 3154: 3149: 3146: 3145: 3143: 3142: 3137: 3132: 3127: 3120: 3113: 3106: 3101: 3093: 3088: 3085:De Copia Rerum 3081: 3075: 3073: 3069: 3068: 3066: 3065: 3055: 3042: 3031: 3029: 3024: 3021: 3020: 3018: 3017: 3012: 3007: 3002: 2997: 2992: 2987: 2981: 2979: 2974: 2971: 2970: 2968: 2967: 2962: 2957: 2952: 2947: 2942: 2941: 2940: 2930: 2929: 2928: 2923: 2918: 2906: 2899: 2894: 2889: 2884: 2878: 2876: 2871: 2868: 2867: 2864: 2863: 2861: 2860: 2855: 2850: 2845: 2840: 2835: 2830: 2825: 2820: 2815: 2810: 2805: 2799: 2797: 2796:Other concepts 2793: 2792: 2790: 2789: 2784: 2779: 2773: 2771: 2765: 2764: 2762: 2761: 2756: 2751: 2746: 2741: 2736: 2731: 2725: 2723: 2714: 2708: 2707: 2704: 2703: 2701: 2700: 2695: 2690: 2685: 2680: 2675: 2669: 2667: 2663: 2662: 2660: 2659: 2654: 2649: 2644: 2639: 2634: 2633: 2632: 2622: 2620:Re-cut trailer 2617: 2612: 2607: 2602: 2597: 2592: 2586: 2584: 2580: 2579: 2576: 2575: 2573: 2572: 2567: 2559: 2551: 2543: 2541: 2537: 2536: 2534: 2533: 2528: 2523: 2518: 2513: 2507: 2501: 2498: 2495: 2494: 2492: 2491: 2486: 2481: 2476: 2471: 2466: 2461: 2455: 2453: 2449: 2448: 2446: 2445: 2440: 2435: 2430: 2425: 2420: 2415: 2410: 2405: 2400: 2395: 2390: 2388:Plunderphonics 2385: 2380: 2375: 2370: 2365: 2360: 2355: 2350: 2345: 2340: 2335: 2330: 2329: 2328: 2318: 2313: 2307: 2305: 2298: 2294: 2293: 2285: 2284: 2277: 2270: 2262: 2256: 2255: 2248: 2231: 2224: 2221:Lawrence Rosen 2213: 2197: 2192: 2187: 2180: 2179:External links 2177: 2176: 2175: 2166: 2163: 2161: 2160: 2134: 2114: 2097: 2084: 2063: 2044: 2026: 2008: 1995: 1965: 1942: 1919: 1893: 1887: 1858: 1849: 1810: 1801: 1792: 1762: 1753: 1735: 1718: 1707: 1687: 1678: 1659: 1641: 1632: 1585: 1558: 1546: 1534: 1496: 1473: 1466: 1446: 1408: 1386: 1366: 1327: 1303: 1266: 1248: 1230: 1221: 1206: 1194: 1142: 1140: 1137: 1135: 1134: 1129: 1124: 1119: 1114: 1109: 1104: 1099: 1094: 1089: 1084: 1079: 1074: 1069: 1064: 1058: 1056: 1053: 1010:Duchamp's work 859: 856: 803:itself and in 667:Main article: 664: 661: 580: 577: 547: 544: 508: 505: 482: 479: 431:Feist v. 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Retrieved 2147: 2137: 2117: 2109: 2105: 2100: 2087: 2079: 2075: 2071: 2066: 2058: 2052: 2047: 2038: 2029: 2021:the original 2011: 1998: 1986:. Retrieved 1982:the original 1977: 1968: 1960: 1956: 1950: 1945: 1937: 1933: 1927: 1922: 1910:. Retrieved 1906:the original 1896: 1890: 1861: 1852: 1844: 1840: 1813: 1804: 1795: 1783:. Retrieved 1779:the original 1774: 1765: 1756: 1747: 1738: 1730: 1721: 1710: 1695: 1690: 1681: 1668: 1662: 1649: 1644: 1635: 1626: 1622: 1615: 1606: 1597: 1594:Pretty Woman 1593: 1588: 1580: 1576: 1572: 1566: 1561: 1549: 1541: 1537: 1525:. Retrieved 1521:the original 1499: 1476: 1456: 1449: 1424: 1420: 1411: 1399:. Retrieved 1376: 1369: 1347:(1): 29–41. 1344: 1340: 1330: 1322: 1315:. Retrieved 1306: 1299:) of our Act 1296: 1292: 1290: 1283:. 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