Is inherited class a derivative work?
david at usermode.org
Sat Oct 13 20:40:26 UTC 2001
On Saturday 13 October 2001 03:54 am, Michael Beck wrote:
> We have a discussion going on internally about inheritance. Some people
> believe that when you subclass/inherit/derive a new class, you are creating
> a "derivative work" in the copyright sense, especially when you override
> existing methods. Others believe that "inheritance is delegation of
> implementation and aggregation of interface", and therefore it is NOT a
> derivative work.
IANAL adnausem adinfinitum...
A derivative work must contain at least portions of the original work.
Dependency alone does not constitute derivation.
However, creating an application that uses that subclass could very possibly
be a derivative work of the base class. It all depends upon how you build the
application. If you statically link to the base class, then yes, you have
created a derivative work. If you use runtime linkage, then no it is not. If
you dynamically link then you enter into the realm of controversy.
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