Quote:
Originally Posted by Tijuana_Tom
*cough*derivative*cough*
Nintendo can sue anybody they want it's a grey area for designers. 
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*cough*retard*cough*
A typical example of a derivative work received for registration in the Copyright Office is one that is primarily a new work but incorporates some previously published material. This previously published material makes the work a derivative work under the copyright law. To be copyrightable,
a derivative work must be different enough from the original to be regarded as a "new work" or must contain a substantial amount of new material. Making minor changes or additions of little substance to a preexisting work will not qualify the work as a new version for copyright purposes.