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What is derivative work GPL?
Under the Copyright Act, a derivative work is defined as “a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization., or any other form in which a work may be recast, transformed, or adapted.
Is an API a derivative work?
If it were not the case, then any program using the applications program interfaces (APIs) of an operating system could be considered a derivative work of that operating system.
What constitutes a derivative work?
A derivative work is a work based on or derived from one or more already exist- ing works. Common derivative works include translations, musical arrange- ments, motion picture versions of literary material or plays, art reproductions, abridgments, and condensations of preexisting works.
Who owns derivative works?
Copyright law vests the original work’s copyright owner with the exclusive right to prepare derivative works. Therefore, the owner in the preexisting work must authorize the creation of a derivative work in order for it to be separately owned by another.
Can you sell transformative work?
In determining fair use, what makes the use of a copyrighted work “transformative”? Copyright law gives authors certain exclusive rights to their work. These rights include the exclusive right to reproduce or resell the work. Without the fair use doctrine, this would qualify as copyright infringement.
Who owns the derivative work?
The term “derivative work” refers to the entire new creative work as a whole, not merely the new elements. The copyright ownership in the derivative work is independent of any copyright protection in the preexisting material. The copyright in the preexisting materials remains with their owner.
How does the GPL apply to derivative works?
At least under USA copyright law, The GPL, and Free Software licensing in general, relies critically on the concept of “derivative work” since software that is “independent,” (i.e., not “derivative”) of Free Software need not abide by the terms of the applicable Free Software license.
What was the second purpose of the GPL?
The second purpose of the GPL is to ensure that licensees are aware that software under the license is distributed “as is” and without warranty. This purpose is not unique to the GPL, as we have seen.
What’s the difference between the GPL and Mozilla license?
The Mozilla License imposes different and less restrictive terms on the licensing of derivative works. Both of these licenses (and a variation of the GPL License) are described in some detail in the following sections.
What does the law say about derivative works?
As much is required by § 106 of the Copyright Act, 17 U.S.C. § 106 (2002), and admitted by Free Software licenses, such as the GPL, which (as we have seen) states in GPLv2 § 0 that “a ‘work based on the Program’ means either the Program or any derivative work under copyright law.”