Threshold of Originality: where is that line?

Started Nov 23, 2012 | Discussions thread
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RaymondR Senior Member • Posts: 2,219
Re: Threshold of Originality: where is that line?

Can't speak to the law in Germany (the OP's home country), but in the US there is no hard and fast "percentage change" rule.  To avoid infringement of the original, the new work would EITHER have to either be different enough with respect to the protectable elements of the original work to no longer be "substantially similar" OR the new work would have to meet the criteria of fair use, which typically but not exclusively is a question of whether the new work is "transformative."

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