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Robert J. Bernstein and Robert W. Clarida write that three district courts have recently considered whether a work should be considered to be "derivative" within the meaning of �101 of the 1976 Copyright Act. Although in each case the issue was raised in the context of photographs of three dimensional objects, the determination of whether a work is "derivative" and the consequences of that determination are broadly applicable across the spectrum of copyrightable subject matter.
May 16, 2008 at 12:00 AM
1 minute read
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