Derivative Work or Fair Use?

A major point of confusion in copyright law is distinguishing between what constitutes an unauthorized derivative work and what constitutes fair use of an underlying work. Read this practice note to gain insight on the analysis. This practice note also discusses what constitutes a derivative work, to what extent derivative works are copyrightable and registerable with the U.S. Copyright Office, limitations on derivative works, and pitfalls and legal risks relating to derivative works.

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• Exclusive Rights of Copyright Owners
  Brush up on the exclusive rights conferred upon copyright owners by 17 U.S.C. § 106, including the rights of reproduction, adaptation (i.e., the right to prepare derivative works), distribution, performance, display, and the right to publicly perform sound recordings via digital audio transmissions.

• Fair Use Considerations
  Refresh your fair use knowledge and find the leading fair use cases from the U.S. Supreme Court and the Courts of Appeals with this practice note on Fair Use Considerations.

• Registration of Copyrights
  Understand the copyright registration process with this practice note, including the benefits of federal registration, how to draft and file a copyright application, filing fees, the deposit requirement, and responding to inquiries from the U.S. Copyright Office. 

• Copyright Fundamentals
  Review key copyright law principles with this practice note, including the requirements for eligibility, preemption of state law, exclusive rights afforded to owners under the Copyright Act, limitations on copyright protection, and enforcement. 

• Copyright Enforcement Resource Kit
  Utilize this resource kit to access a collection of guidance for copyright enforcement, including insight into pre-suit preparation, analyzing potential claims, remedies and defenses, and drafting pleadings, discovery, and case resolution documents.  

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