Re:Rockstar is selling cracked game copies on Steam
by antiterra on Tuesday September 05, 2023 @09:24PM
(#37400260)
I thought Pickett v Prince established precedent that you can’t copyright an unauthorized derivative work.
See 17 U.S.C. §103(a), which says that derivative works can be copyrighted, but that does not extend to any part of the work in which such material has been used unlawfully.
(not a lawyer but I did audit this class at a law school)
Very true.
> You can't make a derivative work without a license. T
You can, but it is a copyright violation to do so unless an exception (like Fair Use) applies.
A derivative work is also a work eligible for copyright in its own right, and as such is copyright by the creator by operation of law when fixed in a tangible form, whether or not it also violates someone else’s copyright.
> It derivates
“derives”
> from the copyrighted work and is therefore within the domain of the copyright and under the control of the copyright's owner.
No, producing it is within the legally exclusive rights of the copyright holder subject to the limitations on those rights, but once created the copyright in the derivative is not under the control of the copyright holder of the original (though transferring or licensing back may be part of the resolution of copyright violation lawsuit over its creation.)