Does dynamic linking create a derivative work?
With dynamic linking, it is the end user who (at run time) creates the derivative work. Till Jaeger made a similar point, noting that the decision about whether or not a derivative work has been created can’t be based on technical factors alone, but rather on factors such as the relationship between pieces of code.
What is a 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.
What is the principle of a derivative work?
Another basic principle applicable to derivative works provides that ” [t]he copyright in a derivative work is independent of, and does not affect or enlarge the scope, duration, ownership, or subsistence of, any copyright protection in the preexisting material.” 17 U.S.C. §103 (2).
What makes a derivative work of a software?
Further, several other Circuits have yet to adopt any definition of derivative work for software. As an introductory matter, it is important to note that literal copying of a significant portion of source code is not always sufficient to establish that a second work is a derivative work of an original program.
How is derivative work related to FOSS licensing?
Software Derivative Work: A Jurisdiction Dependent Determination. Free/Open Source Software (“FOSS”) licensing relies critically on the concept of derivative work since software that is independent, i.e. not derivative, of FOSS need not abide by the terms of the applicable FOSS license.
How does termination of grant to prepare derivative works affect?
Termination of the grant to prepare derivative works affects the right to prepare future derivative works, based on the preexisting copyrighted work, but not the continued utilization of any derivative works made lawfully during the grant of the license from the copyright owner.