Subject: Re: DRAFT: OSL version 3.0
From: Sanjoy Mahajan <>
Date: Tue, 16 Aug 2005 18:38:59 +0100

> I'm not entirely sure why they believe it is necessary, but anything
> that clarifies what we mean by "derivative work" is probably useful.

Your 'translate, adapt, modify or arrange the Original Work'
explication captures most of the 17 USC 101 definition:

  A "derivative work" is a work based upon one or more preexisting
  works, such as a translation, musical arrangement, dramatization,
  fictionalization, motion picture version, sound recording, art
  reproduction, abridgment, condensation, or any other form in which a
  work may be recast, transformed, or adapted. A work consisting of
  editorial revisions, annotations, elaborations, or other modifications
  which, as a whole, represent an original work of authorship, is a
  "derivative work".

One missing sense is 'transform' (or does 'adapt' include it? maybe
not because a fictionalization doesn't seem like an adaptation but
rather a transformation).  What about:

  'translate, adapt, arrange, transform, or otherwise modify the
  Original Work...'

Not sure if the 'otherwise' helps or hurts; perhaps it makes the
definition match more closely the EU's modification right.