Under US copyright law , transformed works include certain derivative works that are based on some other copyright works. The use of transformative works may be legitimate , despite the apparent copyright infringement.
American courts, parsing copyright lawsuits for transformative works, until the middle of the XIX century. precedents in the British courts (Austin v. Cave (1739), Giles v. Wilcox (1741), etc.) relied even after the advent of the United States copyright law.
Transformability is a decisive factor in the legal analysis of derivative works. The results of the analysis are often based on a decision by the Supreme Court in 1994 regarding Campbell v. Acuff-Rose Music, Inc. " The court justified the use of a transformative parody work, explaining that in such a work readers, listeners and spectators receive new information. Transformative works use borrowed material for purposes different from the original and do not cause significant damage to the author of the original work in the market.
A transformative work may include criticism of the cited work, giving it a characterization, may include parodies, aesthetic declarations, and countless other uses. An example is a visual parody of Marcel Duchamp on the painting "Leonardo da Vinci " Mona Lisa " , known as Mona Lisa with a mustache with a minimum of added material. [1]
Parody derivative works based on the Duchamp parody are shown in different sites links to sites . Transformative works on parodies also have different author's meanings.
Content
Description
The concept of transformability is developed in relation to the fair use of traditional works. These include translations of literary works, transcriptions of musical works, as well as changes in paintings. [2] [3] .
New uses of transformative works are noted on the Internet. So Google copies large texts of works in order to digitize them for entering into the database of its search engine. In the future, users by keywords find copyright texts. By creating digital copies, Google provides free information search services. Google does a digital scan of books, extracts of machine-readable texts, creates an index of machine-readable text for each book. Since 2004, Google has crawled and created copies of more than 20 million books, including copyrighted works and works in the public domain.
The search engine also makes possible new forms of research known as “text analysis” and “data mining." Programs provide statistical information to Internet users about the frequency of use of words, letters and expressions over the centuries. This tool allows users to study the change in interest in a particular topic over time, show increases and decreases the frequency of mentioning the text at different times.
The ability of users to obtain fragments of a book using the search function does not replace the originality of the book and does not deprive the market author and its total copyright income.
Popups
Using pop-up advertisements that include third-party advertisements that change the appearance of a web page may pose more complex issues for authorship. On the one hand, pop-ups provide the public with additional information to make purchasing decisions (especially in the form of price comparisons). [4] on the other hand, they adversely affect the owner’s web page, his interest in the integrity of his web page and its investment interest. The search for a balance of interests in this problem has a judicial perspective. [5] [6]
Sculpture Photos
On February 25, 2010, the U.S. Federal Court of Appeals for the Federal District ruled 2-1 that sculptor Frank Gaylord, sculptor of the Korean War Veteran Memorial, is entitled to compensation because the memorial was used on a 37 US cent stamp because it didn’t signed the waiver of his intellectual property rights to the sculpture when it was erected. The Court of Appeal is right, which was of decisive importance. [7]
Notes
- ↑ LHOOQ — Internet-Related Derivative Works , Geo.
- ↑ Examples of derivative works are listed in 17 USC § 101— "translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgement, condensation," to which list the statute then adds "any other form in which a work may be. . . transformed. "
- ↑ Leval.
- ↑ Endnote 4
- ↑ See cases and materials collected at [1] and [2]
- ↑ Richard Stim (2009), Patent, Copyright & Trademark , p. 451, ISBN 978-1-4133-0920-1 , < https://books.google.com/?id=22SOw7NcKeUC >
- ↑ An 85-Year-Old Sculptor vs.