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   Author  Topic: copyright infringment with derivative work  (Read 1569 times)
robby1140
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Posts: 8
copyright infringment with derivative work
« on: Dec 31st, 2007, 11:37am »
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I had some copyright material (photos) that a company lisenced from me in return for royalties depending upon how many people click on my photos
 
I recently went on their website, they have my originals but along with that
a) They morphed some of my originals and made them look very different
b) In some others they have added stuff on top of my originals
 
For (a) and (b), do they still need to pay me. Note: I don't have any patents on this but I believe derivative works of copyrighted still needs to be paid. However, I do not know if this qualifies as derivative or something totally new
 
In the license agreement, the only thing mentioned is derivative work is owned by the company whereas the underlying photographs are still owned by me (so I can sell them anywhere else and they can't claim the original photographs as theirs)
 
thanks
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TataBoxInhibitor
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Posts: 456
Re: copyright infringment with derivative work
« Reply #1 on: Jan 4th, 2008, 8:07am »
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Yes.  You are the owner of the original work, and any derivative work of that work must have rights/authorization from you.  To be copyrightable, a derivative work must be different enough from the original to be regarded as a “new work” or must contain a substantial amount of new material.
 
See http://www.copyright.gov/circs/circ14.html
 
Regards,
 
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