Re: Derivative of digital image

On 7/25/97, Georgia Rothacker <gerrc[_at_]rc.rit.edu> wrote:
>
> A young imaging scientist in my company asked, "What is the percentage
> of a digital image (authored by another and downloaded off the web)
> that must be changed in order for the work to be considered a new
> work?" My initial response was that only the author has the right to
> prepare a derivative. The scientist stated that he is sure there is
> case law that has established guidelines in this regard. Please advise.
>

If an altered work is substantially similar in any significant part of its protectable expression, it is an infringement (unless there is an applicable defense, such as fair use). "Substantially similar", "similar in any significant part," and "protectable expression" are all terms notable for their ambiguity and context-specific nature. I do not believe there are any "guidelines" on how much must be changed, though I have heard many myths to this effect.

Mark Lemley
Assistant Professor, University of Texas School of Law Of Counsel, Fish & Richardson, P.C.
mlemley[_at_]mail.law.utexas.edu

You can find a list of my articles and books, and information on how to obtain them, at http://www.law.utexas.edu/lemley/pubs.htm

For information on the Intellectual Property program at UT, see http://www.utexas.edu/law/acadaff/intelprop/ Received on Mon Jul 28 1997 - 15:51:46 GMT