Derivative Work
Suggested ReadingsWarner Brothers Entertainment v. RDR Books
This is a copy of the decision from Judge Robert Patterson wherein he enjoins publication of the unauthorized Harry Potter volume. The opinion has interesting analysis not only about the derivative work issue, but also on the question of the relationships between sections 106(1), 106(2) and 107
Annie Lee v. A.R.T. Company
One of the most famous decisions in a case involving the derivative work right is this decision from Seventh Circuit Judge Frank Easterbrook. Note his comments especially regarding the definition of the relevant terms from section 101.
Micro Star v. Formgen
Another of the more famous cases on derivative work, this one from the Ninth Circuit’s Judge Alex Kozinski. Kozinski here layers onto the section 101 definition several additional requirements, including a fixation requirement that many would argue is inconsistent with the legislative history and structure of Section 106.
