this post was submitted on 22 Dec 2024
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[–] [email protected] 2 points 5 hours ago (1 children)

Just because something is defined legally instead of technologically, that doesn't make it vague. The modification violates copyright when the result is a derivative work; no more, no less.

[–] [email protected] 1 points 1 hour ago (1 children)

What is a derivative work though? That's again extremely vague and has been subject to countless lawsuits seeking to determine the bounds.

[–] [email protected] 1 points 1 hour ago

If your work depends on the original, such that it could not exist without it, it's derivative.

I can easily create a pixel of any arbitrary color, so it's sufficiently transformative that it's considered a separate work.

The four fair use tests are pretty reliable in making a determination.