I read something over the weekend on Reddit and it got me thinking about copyright law. Someone made a comment about translating a paper and submitting it as their own work for a school assignment. Even though the finished product looks nothing like the original this would constitute a copyright violation. This type of work is considered a derivative work, as the finished product used part of existing copyrighted material to create something new. Derivative work with permission from the copyright owner creates its own copyright. This protects the derivative creator from the original copyright creator. Imagine if you translated a book that I wrote with my permission to use it as a derivative work. After all your hard word I decided I didn't like how the font looks and say you can no longer use my book. That would be a copyright violation on my part under derivative works. You obtained my permission and likely a contract, therefore giving you the right to create something of your own using my work. I will retain my rights to my original work. I also have any rights that were laid out in the contract, such as royalty or credit.
Now here is a tricky situation. If I was to buy an adult coloring book for $20 in Mexico, and colored every picture then immediately sold the book for $40 in the USA. Do you think this violates copyright law? Let me know what you think in the comments below and we'll cover the answer next week.
I'm not sure if this answer is right or not, but I would say it's legal. Because, you bought the coloring book doesn't that mean it belongs to you. Then at that point, you are free to do what you want with it. I'm eager to know the correct answer to this question.
ReplyDeleteI love your blog this week. It really engages your audience and gets people thinking. Plus it is on a topic that has many facets. I think people plagiarize more than they think. I think the hardest problem for me is picture copy right laws. There are so many pictures online and sometimes there is no reference to the source.
Nicole
Its a really muddy area, and a lot of it depends on intent. The difference between selling a coloring book and selling a coloring book because you colored in it is a huge difference in the eyes of the law. There is also a the legality issues brought up with first sale doctrine that allow you to do whatever you want with your property. Next weeks post will go into this situation a little more in depth.
DeleteI think you should worry about if the copyright is recognized in both countries and if the countries had an agreement to honor each copyright. Then again it is a coloring book and if you can't use it for that purpose, don't sell it as a coloring book.
ReplyDeleteT.J.
For the most part through treaties and agreements most of the world has agreed to honor copyright agreements. There are odd ball countries like Iran were using pirated software is normal throughout school and government levels.
DeleteThe answer is covered under the first sale doctrine. Should I tell the punchline???? What the heck you asked. As the initial purchaser you have three right as a consumer 1. lend 2. sell 3. dispose. Once you purchase the item you have the right to do all three regardless of what you have done to the product. I have been known to be wrong before but that is my final answer and no I did not get a lifeline.
ReplyDelete