Saturday, March 21, 2009

Copyright Lessons

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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?


  1. 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.

  2. yes i think that the top artist has copied a style rather than the work itself

  3. It's just another example of people stealing ideas. I have a new idea...I'll get a haircut somewhere else.