ADAPTATION RIGHT AND DERIVATIVE WORK

2019 ◽  
Vol 19 (4) ◽  
pp. 206-220
Author(s):  
E.A. PAVLOVA
Keyword(s):  
Derivative Work

scholarly journals So Dark the Con(tu) of Man: The Quest for a Software Derivative Work Right in Section 117

2008 ◽  
Vol 70 (1) ◽  
Author(s):  
Lateef Mtima
Keyword(s):  
Computer Software ◽  
Copyright Law ◽  
Copyright Holder ◽  
User Adaptation ◽  
New Public ◽  
Derivative Work ◽  
Software Programs ◽  
Exclusive Right ◽  
The Impact ◽  
Judicial Recognition

Computer software programs have various unique characteristics as copyrightable works. Among other things, unlike traditional copyrightable works, it is necessary to copy and often to modify software programs in order to use them. In addition, as functional works, the development of additional programs, an overarching goal of copyright protection, often requires the “efficient reuse” of protected elements of preexisting programs. The copyright law currently provides an ambiguous and contradictory response to these issues. While section 117 of the Copyright Act provides program users with the privilege to prepare “adaptations” of copyrighted programs, section 106 reserves to copyright holders the exclusive right to prepare derivative versions of their programs. This article proposes that user adaptation privileges can be distinguished from, and reconciled with, copyright holder derivative work exclusive rights by virtue of the impact that a user-prepared adaptation will have upon the market for the original copyrighted program: “market benign” adaptations should be treated as privileged adaptations, while “market pernicious” adaptations should be treated as derivative works and therefore, subject to the rights of the copyright holder in the original program. In addition, the “practical-use versus market-impact” balancing rationale used to draw the foregoing distinction can also be used to reconstruct the traditional derivative work right into a narrower “software derivative work right.” This software derivative work right would limit the copyright holder’s exclusive right to that of creating derivative programs that are likely to compete with, or otherwise have an undue impact on the market for, the original copyrighted software program. This would enable judicial recognition of a new “public derivative work privilege” to create non-competitive derivative software programs from preexisting works.

Custom Arrangements

2021 ◽  
Author(s):  
Jann-Michael Greenburg
Keyword(s):  
File Sharing ◽  
Legal Framework ◽  
Third Party ◽  
Sheet Music ◽  
Derivative Work ◽  
Work Distribution ◽  
Musical Arrangements ◽  
Musical Works ◽  
The World ◽  
American Law

Custom arrangements are: (a) derivative works, generally musical arrangements, based upon preexisting copyrighted musical works, (b) reproduced in the form of sheet music copies, and (c) distributed to specific third-party performance ensembles. Arrangers who create custom arrangements are able to utilize software and Internet services to create such arrangements physically and digitally and distribute them physically and via file sharing. This chapter explores the legal framework and justification for custom arrangement licensing under American law, with a focus on the reproduction, derivative work, distribution, and display rights afforded to copyright owners. Differences between physical and digital sheet music are noted where relevant. The chapter also addresses both practical and normative arguments encountered in the world of custom arrangement licensing and concludes with brief commentary on the custom arrangement licensing process.

scholarly journals DIODORUS SICULUS’ ‘SLAVE WAR’ NARRATIVES: WRITING SOCIAL COMMENTARY IN THE BIBLIOTHĒKĒ

2018 ◽  
Vol 68 (2) ◽  
pp. 534-551
Author(s):  
Peter Morton
Keyword(s):  
Nineteenth Century ◽  
Traditional View ◽  
Historical Events ◽  
Social Commentary ◽  
War Narratives ◽  
Derivative Work ◽  
Diodorus Siculus

Diodorus Siculus has not enjoyed a positive reputation among historians of antiquity. Since the nineteenth century his Bibliothēkē has been dismissed as a derivative work produced by an incompetent compiler, useful often only in so far as one can mine his text for lost and, evidently, far superior works of history. Diodorus’ own input into the Bibliothēkē has been dismissed as the clumsy intervention of ‘a small man with pretensions’. In one of the sharpest expressions of the traditional view, Diodorus is not a historian but ‘a mere epitomizer and an incompetent one at that’. In recent years voices of dissent have spoken up, determined to investigate Diodorus’ own contribution to ancient historiography. Their contributions have been notable for their desire to study and understand Diodorus on his own terms or to problematize his derivative use of his sources. Sacks, in particular, has argued that Diodorus’ voice can be heard in nearly every proem, a feature that occurs regularly in the text, and that Diodorus’ own views structure his analysis of historical events copied from other authors.

scholarly journals PERUBAHAN DAN KERENTANAN PENGHIDUPAN RUMAH TANGGA NELAYAN BERBASIS PERIKANAN TERUBUK DI KABUPATEN BENGKALIS PROVINSI RIAU

2018 ◽  
Vol 46 (2) ◽  
pp. 21
Author(s):  
Afrizal Afrizal ◽  
Zulkarnaini Zulkarnaini ◽  
Victor Amrifo
Keyword(s):  
Environmental Change ◽  
Research Method ◽  
Natural Capital ◽  
Seasonal Trend ◽  
Social Culture ◽  
Derivative Work ◽  
Household Livelihood

The objective of this research is to collect fishery based household livelihood vulnerability database, to know government efforts in reducing the vulnerability and to maintain the sustainability of fisherman's livelihoods based on terubuk. The research method is conducted qualitatively by involving informants directly or indirectly with fishing activities and fishery business terubuk. The results showed that the change of livelihood of fisherman fishery-based fishermen was caused by environmental change either from ecological asphek or from social culture asfek. Being a fisherman is a derivative work of the ancestors, the sources of vulnerability that occurs not only from natural capital (fish terubuk) but also socially, economically, and politically, the vulnerabilities of fishery-based fishery-based households are initially shaky. This vulnerability is a seasonal trend and is a habit for fishermen. 

scholarly journals So Dark the Con(tu) of Man: The Quest for a Software Derivative Work Right in Section 117

2007 ◽  
Vol 69 (1) ◽  
Author(s):  
Lateef Mtima
Keyword(s):  
Computer Software ◽  
Copyright Law ◽  
Copyright Holder ◽  
User Adaptation ◽  
New Public ◽  
Derivative Work ◽  
Software Programs ◽  
Exclusive Right ◽  
The Impact ◽  
Judicial Recognition

Computer software programs have various unique characteristics as copyrightable works. Among other things, unlike traditional copyrightable works, it is necessary to copy and often to modify software programs in order to use them. In addition, as functional works, the development of additional programs, an overarching goal of copyright protection, often requires the “efficient reuse” of protected elements of preexisting programs. The copyright law currently provides an ambiguous and contradictory response to these issues. While section 117 of the Copyright Act provides program users with the privilege to prepare “adaptations” of copyrighted programs, section 106 reserves to copyright holders the exclusive right to prepare derivative versions of their programs. This article proposes that user adaptation privileges can be distinguished from, and reconciled with, copyright holder derivative work exclusive rights by virtue of the impact that a user-prepared adaptation will have upon the market for the original copyrighted program: “market benign” adaptations should be treated as privileged adaptations, while “market pernicious” adaptations should be treated as derivative works and therefore, subject to the rights of the copyright holder in the original program.In addition, the “practical-use versus market-impact” balancing rationale used to draw the foregoing distinction can also be used to reconstruct the traditional derivative work right into a narrower “software derivative work right.” This software derivative work right would limit the copyright holder’s exclusive right to that of creating derivative programs that are likely to compete with, or otherwise have an undue impact on the market for, the original copyrighted software program. This would enable judicial recognition of a new “public derivative work privilege” to create non-competitive derivative software programs from preexisting works.

scholarly journals Copyright law and the freedom of panorama: The right to commercialise photographs of protected works

2021 ◽  
Author(s):  
◽  
Alifia Qonita Sudharto
Keyword(s):  
The United States ◽  
Copyright Law ◽  
Moral Rights ◽  
Berne Convention ◽  
Public Places ◽  
Literary Works ◽  
Prior Consent ◽  
Derivative Work ◽  
Copyright Laws ◽  
The Right

<p>Making an unauthorised copy of a copyright-protected work is a copyright infringement, as is making an adaptation or a derivative work without gaining prior consent from the author or authors of the copyright-protected work. It was once questioned at one of the Berne Convention amendment meetings whether to take photographs of copyright-protected literary works was to make copies of them. The meeting concluded that taking photographs of literary works meant making copies of them, and, therefore, photographs should not be taken without gaining the prior consent of the author or authors. However, there was no discussion about photographs of other type of works, such as buildings and sculptures. Taking photographs of architectural and sculptural works permanently situated in public places is protected under “freedom of panorama”, a provision of copyright laws that permits the taking of photographs of those works, which is applied differently in some countries. This paper discusses copyright protection for those photographs, though there are not many cases available in this issue as the terminology of “freedom of panorama” was only recently coined. The discussion is based on the Berne Convention, and copyright law in the United States, New Zealand, and Indonesia. Freedom of panorama may seem to limit the exclusive rights for architects and sculptors to authorise any acts to be done over their works. However, photographers also have the need to be sure that their photographs are protected, including photographs that are taken under the freedom of panorama. Therefore, this paper argues that the photographers who take photographs under the freedom of panorama should be able to exercise exclusive and moral rights over their photographs. Although the three countries mentioned provide protection for the “freedom of panorama”, it is protected differently and, therefore, there is a need to include the freedom of panorama in an international copyright treaty to avoid a possible conflict of laws.</p>

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