• ILikeBoobies@lemmy.ca
      link
      fedilink
      English
      arrow-up
      7
      arrow-down
      1
      ·
      11 months ago

      The if part is what gets argued in court

      https://en.m.wikipedia.org/wiki/Transformative_use

      transformation is a type of fair use that builds on a copyrighted work in a different manner or for a different purpose from the original

      Fifty Shades vs Twilight would be transformative

      Anderson v. Stallone

      Would be the most likely case reference for this ruling where Anderson made a Rocky sequel and it was deemed infringement

      • bane_killgrind@lemmy.ml
        link
        fedilink
        English
        arrow-up
        1
        ·
        edit-2
        11 months ago

        Yeah wow it’s like I thought ( the right holder being able to dick around writers)

        It was strikingly clear to the Court that Anderson’s work was a derivative work; that under 17 U.S.C. section 106(2) derivative works are the exclusive privilege of the copyright holder (Stallone, in this case); and that since Anderson’s work is unauthorized, no part of it can be given protection.

        After he had meetings with MGM about using that script.