[Dangerously OT] Re: D logo copyright

[Alix Pexton via Digitalmars-d]

On 19/07/2014 8:43 PM, "Ola Fosheim Grøstad" 
<ola.fosheim.grostad+dlang at gmail.com>" wrote:
> Not sure why you want a citation. Fair use differs from country to
> country. Mona Lisa is in the public domain, but photos of it that has
> been "enhanced" are not. Many novels and poems are in the public domain,
> but a book that contains a collection of novels is not, i.e. the
> selection of novels or poems constitutes a work protected by copyright.

I perhaps wasn't specific enough about what you had written that was 
contrary to what I had read, specifically it was this...

 > The copyright will be held by BOTH the original author and the author 
 > of the derivative work

Fair use, public domain and collective works legislation have nothing to 
do with the case in hand.

I have found no cases where a derived work has copyright shared with the 
owner of the original. In the UK, US and France at least the protection 
follows the guidance of the Berne Convention whereby the derived work is 
the parts added to the original and its copyright belongs entirely to 
the deriving artist. By virtue of the fact that permission for the 
derivative to be made was granted by the original artist, the derived 
work can freely incorporate original but there is no sharing of 
copyright. The caveat to this is that the additions of the derived work 
have to be substantial and copyrightable on their own.

Many open licenses give permission to make derivatives with restrictions 
which may require attribution, transitive licensing or non-commercial 
use, but those are the terms of the license and are separate from the 
protection of copyright law.

As has been mentioned, the Berne convention is the minimum requirement 
of the signed up nations and it is entirely possible that some countries 
offer greater protection than others. I have not been able to discover 
if Germany is one of those countries or not.

As interesting as I found this investigation, it has turned out to be a 
dead end anyway. Almost entirely because of the definition of what a 
counts as a derivative work.

A...