In an e-mail, MangaGamer told me that «We feel it is important to respect and support the wishes of the creators with regard to how their work is handled,» adding that «Legally speaking, all Let's Plays that add significant content from the YouTube host are
considered derivative works.»
I believe a Collective Work is not
considered a Derivative Work (and thus not subject to Derivative Work restrictions) but I'm not clear whether a Collective Work is subject to Share Alike restrictions.
A work that constitutes a Collective Work will not be
considered a Derivative Work (as defined below) for the purposes of this License.
Since the translated software can't effectively exist without the original, it would be
considered a derivative work, and can not be done under the terms of the license.
However, if your story just happens to use a similar story framework as Dr.. Who, but where the plotlines, settings and and personality of main characters are all different from Dr.. Who, then it probably will not be
considered a derivative work and you would be OK.
Not exact matches
One nagging question remains, however: Can any
work this
derivative be
considered a major artistic achievement?
Consider also that the copyright owners have the exclusive right to make
derivative works, including a fake book that might be illegally transcribed from a lawfully obtained sound recording.
Oversimplifying a lot, the test of whether something is a
derivative work of another
work is first whether it itself contains sufficient new protectable expression to be a
work at all and second whether it also contains sufficient protected expression from that other
work to be
considered derivative.
Fair use is also a fact - intensive, case - by - case analysis, but in my opinion, it is likely that creating a computer program
derivative work (17 U.S.C. § 101) of the game for your own personal education would be
considered fair use.
The illegal
derivative work was made six years ago, I've read that after ten years the offense can not be
considered for trial.
2d 369, 396 (S.D.N.Y. 2013)(
considering contract attorneys» qualifications and experience, and type of
work performed, in determining appropriate hourly rate); In re AOL Time Warner Shareholder
Derivative Litig., 2010 WL 363113, at * 26 (S.D.N.Y. Feb. 1, 2010)(«Law firms are not eleemosynary institutions.
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derivative materials or
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The judge also found that «in light of my conclusion regarding the plan breach of section 2 of the AUA, it is unnecessary to
consider the alternative argument regarding whether the BNV website constituted a «
derivative work»».