[sword-devel] Copyrights and derivative works

Patrick Narkinsky sword-devel@crosswire.org
Sat, 18 Jan 2003 11:44:50 -0500

Thus spake "Chris Little"> :

> If you make B out of A, then B is a derivative of A.  If you make a
> concordance of the NIV, it necessarily requires use of the NIV--that is
> words themselves--so it is a derivative.  If you took an ASCII text of the
> NIV, gzipped it, uuencoded it, fed the result to a printer, and bound the
> printed papers without telling anyone what it really was, it would STILL
> be a derivative work.

The question is not whether a concordance is, in some sense, derivative.
The question is whether it would be covered under fair use. This is a
nebulous subject, however one of the major factors is whether your use of
the original would tend to diminish its commercial value -- and also,
whether you are making money on it. Quotation for purposes of criticism or
analysis are specifically allowed. Since this would seem to be analysis, and
(presumably) would only enhance the value of the NIV text (which you are NOT
distributing), and (presumably) no money is involved, I think it is
comfortably within the bounds of fair use.


Patrick Narkinsky - Apprentice Pastor, Hope Community Church

"I would rather feel contrition than know how to define it."

- Thomas a Kempis