2003 Derivative Work Marketing Public Domain 
LexBlog IP
FEBRUARY 28, 2022
13] Instead, the Second Circuit held that the differences between the works are more akin to the differences between a novel and an adaptation of that novel—“a paradigmatic example” of a derivative work that would require a license. [14]. It found that all four fair use factors weighed against fair use. [12]
Technology & Marketing Law Blog
FEBRUARY 13, 2023
If the work was published with proper copyright notice, it received a federal statutory copyright. If the work was published without proper copyright notice, the work entered the public domain. Factor four: the effect of the use upon the potential market for or value of the copyrighted work.
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