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Subject:Re: Screenshots of GUI: copyrighted? From:wolf -at- nemasys -dot- com To:"TECHWR-L" <techwr-l -at- lists -dot- raycomm -dot- com> Date:Mon, 10 Dec 2001 09:43:28 -0800 (PST)
Hi, Diane;
On Fri, 7 Dec 2001, D Boos wrote:
(clip)
> One thing surprised me. I have taken classes in web development and
> graphics. We were told to copy pictures and/or code then alter it. This was
> supposed to prevent copyright violation. From what I learned while doing my
> research, I don't think it does.
>
> The definition of copyright clearly states that the creator has the right of
> its use and its derivatives. Wouldn't a graphic I copied and altered be
> considered a derivative?
Yes, it would, under USA copyright laws. Circular 14, "Copyright Registration
for Derivative Works" (http://www.loc.gov/copyright/circs/circ14.pdf) is quite
specific; you would have to make substantial changes to an original work for
it to qualify as a completely new work.
A very interesting statement in Circular 14 reads:
"Only the owner of a copyright in a work has the right to prepare,
or authorize someone else to create, a new version of that work."
The concept of "fair use" implies to me that modified copies of a copyrighted
item may be used - for example, satire for one. See Circular 21 at http://www.loc.gov/copyright/circs/circ21.pdf.
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