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Derivative Works: Who Owns What?

Courts have recently been busy dealing with the puzzling concepts of derivative works, fair use, and transformation. “Transformation” is the underlying principle of derivative works created either by the author or licensees with the author’s permission; or created without the author’s permission legally under the fair use doctrine. There are two sets of rights granted […]

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Falling Into and Out of the Public Domain

Co-author Gerald M. Levine Once in the public domain content (which includes characters) is free; to copy or create derivative works. P.D. James’ Death Comes to Pemberley and a continuing stream of novels featuring Sherlock Holmes are recent examples. Until works fall into the public domain content and characters are not free. They are copyright […]

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