"DERIVATIVE WORKS
A ?derivative work,? that is, a work that is based on (or derived
from) one or more already existing works, is copyrightable if it
includes what the copyright law calls an ?original work of
authorship.? Derivative works, also known as ?new versions,? include
such works as translations, musical arrangements, dramatizations,
fictionalizations, art reproductions, and condensations. Any work in
which the editorial revisions, annotations, elaborations, or other
modifications represent, as a whole, an original work of authorship is
a ?derivative work? or ?new version.?
A typical example of a derivative work received for registration in
the Copyright Office is one that is primarily a new work but
incorporates some previously published material. This previously
published material makes the work a derivative work under the
copyright law.
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. Titles, short phrases, and
format, for example, are not copyrightable."
An example of a derivative work is: "Book of maps (based on public
domain maps with some new maps)"
You cannot produce a derivative work from copyrighted material without
permission of the copyright holder. Therefore, your best bet would be
to start with public domain maps and impart your modifications to
them.
"Copyright Registration for Derivative Works" US Copyright Office
http://www.copyright.gov/circs/circ14.html
Cartographic works, including maps, are considered to be "works of the
visual arts."
"Copyright Registration for Works of the Visual Arts" US Copyright
Office http://www.copyright.gov/circs/circ40.html
For "maps or cartographic material" the "required deposit" to obtain a
copyright is "1 copy of CD-ROM if work published in that format;
otherwise, 2 complete copies" if the work is published and "1 copy of
CD-ROM if work fixed in that format; otherwise, 1 complete copy or ID
material" if the work is unpublished.
"Deposit Requirements for Registration of Claims to Copyright in
Visual Arts Material" US Copyright Office
http://www.copyright.gov/circs/circ40a.html#specifications
Sincerely,
Wonko |
Request for Answer Clarification by
benni_ger-ga
on
08 Feb 2005 17:45 PST
Wonko,
thank you about information about the derivative works, that is a big
step in the right direction. However, I am still not clear who finally
owns the primary rights to the maps. On the other hand, it is kind of
irrelevant; what is important for me is that I don't want to breach
anyone's copyright.
Your point of starting with "public domain" could be a solution.
However, how could I find out if a map is public domain is or not? Are
official government information on .gov websites public domain
information? I'd say yes, since I finance the government with my tax
money every month :-)
I would appreciate if you could again look into this and clarify the
term "public domain" you used.
Thanks!
|
,
0 Comments
)