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Other >> Copyright Forum >> copyright infringment with derivative work
(Message started by: robby1140 on Dec 31st, 2007, 11:37am)

Title: copyright infringment with derivative work
Post by robby1140 on Dec 31st, 2007, 11:37am
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

Title: Re: copyright infringment with derivative work
Post by TataBoxInhibitor on Jan 4th, 2008, 8:07am
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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