Is inherited class a derivative work?

Angelo Schneider angelo.schneider at
Fri Oct 19 12:10:10 UTC 2001

Hi all!

This is indeed a very good post!
It exactly brings to the point what I seemed to have failed in :-(
Ok, seemy three comments below :-)

William Uther wrote:
> >
> Hi,
>   I lurk on the list.  I've been skimming the conversation.  I thought I'd
> try an analogy.  Not sure if this will help or not.  I am not a lawyer, nor
> do I really know copyright law very well.  Feel free to ignore :).
>   Imagine person A creates a picture.  Person B comes along and makes an
> overlay that when placed over the picture makes a 'new, improved' picture
> by covering some bits of the original.
>   If you distribute *just the overlay* is this a derived work?  I'm going
> to assume for the sake of argument that it isn't.

In the sence of copyright, no! It is not "derived work" like defined in
the relevant paragraphs of the copyright law!

>   If you distribute the overlay and a copy of the original painting
> (appropriately licensed) together, is *this* a derived work?

YES! Exactly this is "derived work".

>   One could argue that in the second case the overlay is merely USING the
> original picture, and that the original picture can be copied because of
> its license.  I suspect that a court would rule that you have a derived
> work here.

Derived works usualy require a license to be legaly contributeable,
thats what the term "derived work" is about. By using in any way a
original work in the finaly distributed "package" you create "derived

You can create derived work as often and from what you like, only
(re-)distribution, public performance and so on is restricted by copy
right law and can be licensed or not, and thus its legal or not.

> \x/ill          :-}


Angelo Schneider         OOAD/UML         Angelo.Schneider at
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