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Picasso "The Dream"In copyright law, a derivative work is an expressive creation that includes major, copyright-protected elements of an original, previously created first work.
per copyright circ14 derivative
"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. Making minor changes or additions of little substance to a preexisting work will not qualify the work as a new version for copyright purposes. The new material must be original and copyrightable in itself."
What would you decide if you were the judge?
I think I would decide that it is NOT an infringement. I think there are enough different elements to make it a non-copyright issue. I think it might be said that it was done in the "Picasso style", but not an effort to infringe upon the copyright of Picasso's The Dream. Just my opinion.
ReplyDeleteyes i think that the top artist has copied a style rather than the work itself
ReplyDeleteIt's just another example of people stealing ideas. I have a new idea...I'll get a haircut somewhere else.
ReplyDelete