this post was submitted on 19 Dec 2023
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Piracy: ꜱᴀɪʟ ᴛʜᴇ ʜɪɢʜ ꜱᴇᴀꜱ

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Amazon and Tolkein Estate force author to destroy all copies of his work. Only pirated copies will survive. (variety.com)
submitted 9 months ago by JoMiran@lemmy.ml to c/piracy@lemmy.dbzer0.com
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[–] bane_killgrind@lemmy.ml 2 points 9 months ago (1 children)

Transformative works exist, I don't think it works like that.

[–] ILikeBoobies@lemmy.ca 6 points 9 months ago (1 children)

The if part is what gets argued in court

https://en.m.wikipedia.org/wiki/Transformative_use

transformation is a type of fair use that builds on a copyrighted work in a different manner or for a different purpose from the original

Fifty Shades vs Twilight would be transformative

Anderson v. Stallone

Would be the most likely case reference for this ruling where Anderson made a Rocky sequel and it was deemed infringement

[–] bane_killgrind@lemmy.ml 1 points 9 months ago* (last edited 9 months ago)

Yeah wow it's like I thought ( the right holder being able to dick around writers)

It was strikingly clear to the Court that Anderson's work was a derivative work; that under 17 U.S.C. section 106(2) derivative works are the exclusive privilege of the copyright holder (Stallone, in this case); and that since Anderson's work is unauthorized, no part of it can be given protection.

After he had meetings with MGM about using that script.