copyright derivative-work
Does copyright for artwork cover redrawings of the artwork?
<p>Let's say I redrew one of the below fairly accurately (maybe even completely accurately), and tried to redistribute it for free or even commercially, would I be in breach of copyright laws?</p>

<ol>
<li>Mona Lisa</li>
<li>Microsoft Windows Icons</li>
<li>The Steam (Valve) Logo</li>
<li>Rewrite a program (lets say calculator) and exactly copy the aesthetic look of another similar program (like the microsoft windows calculator)</li>
<li>Some random artist's published drawing</li>
</ol>

<p>Or would I just be free to copy these things as I want, as long as all artworks were re-created imitations of the originals? Or is it more complicated than that? </p>

<p>All of your works would be considered to be a derivative work. This is because your work, is based on the work of someone else's. A good test for this to see if something is a derivative work is to see whether the new work can effectively exist without the original.</p>

<p>Most copyright laws worldwide are similar, thanks to the Berne Convention for copyrighted works. Since derivative works are normally a right that is exclusive to the copyright holder, you can't make such works without permission (generally through a license or expiry of copyright).</p>

<p>So now, let's take a look:</p>

<ol>
<li><p>The Mona Lisa was made hundreds of years ago. It's definitely in the public domain. You're in no breach of copyright laws here.</p></li>
<li><p>Yes, of course. Microsoft retains copyright on their icons, and possibly trademarks as well. However, they may have trademark guidance that allows you to use their icons - as long as you follow it.</p></li>
<li><p>Likely the same as microsoft - you can assume it's similar for most large companies.</p></li>
<li><p>Code is copyrighted as a literary work  - the layout and visual aspect is copyrighted as an artistic work. </p></li>
<li><p>That artist retains copyright, unless you obtain the work with a license, or the copyright is expired. If you create a derivative work, you infringe on their rights.</p></li>
</ol>
