Re: Derivative works?

[Jesse Koennecke <jtk1@cornell.edu>]

Julie,

The term "Derivative Work" is actually defined in US Copyright 
law.  Article 17 section 101 states:

A 'derivative work' is a work based upon one or more pre-existing 
works, such as a translation, musical arrangement, dramatization, 
fictionalization, motion picture version, sound recording, art 
reproduction, abridgment, condensation, or any other form in 
which a work may be recast, transformed, or adapted. A work 
consisting of editorial revisions, annotations, elaborations, or 
other modifications which, as a whole, represent an original work 
of authorship, is a 'derivative work.'

Using a work in the typical scholarly research, papers, etc.. 
typically should not fall under this definition.  Of course, it 
would be for the lawyers to sort out if a publisher felt that an 
author has overstepped their bounds and created a derivative work 
rahter than simply quoting or using the original material as a 
source.

Jesse

Jesse Koennecke
Electronic Resources Librarian
Cornell University
jtk1@cornell.edu - 607-255-5680



On Mon, Jan 17, 2011 at 6:17 PM, Julie Blake <julie@ohiolink.edu> wrote:

> Hi, all,
>
> A question for your collective wisdom. I have seen agreements 
> that specify that "no derivative works can be made from the 
> content." Well, as educational institutions, isn't that what 
> research, writing papers, etc, is all about? Or am I making 
> mountains out of molehills and this refers more to 
> plagiarism-type problems?
>
> Thanks,
>
> Julie C. Blake
> Assistant Director for Electronic Licensing, OhioLINK
> julie@ohiolink.edu