David Schwartz wrote:
This would, of course, only make sense if you *had* to agree to the license to *create* the derivative work. If you were able to create the derivative work under first sale or fair use rights, then the restrictions in the contract would not apply to you.
The only way to *create* a derivative work is with permission of the copyright owner of the original work. Period. This permission can come implicitly *if* you agree with licensing terms, but not under first sale or fair use *limitations*. (First sale / fair use are statutory limitations on copyrights, not rights).
Massa
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