Is a randomly-generated book a violation of copyright? Let's say I create a computer program that randomly chooses words and records them. Now, this generator spits out an exact word-for-word copy of a non-public-domain book. If I publish this (without knowing it's a copy), would I be in violation of the original book's copyrights? What if I could reasonably prove that it was generated randomly?
Copyright infringement requires that you actually copy elements from an earlier work produced by a different author. If you created a similar, or even identical, work independently, it is not copyright infringement. When considering whether or not infringement has occurred, the court is likely to consider whether the defendant could reasonably have had access to the plaintiff's work. If the court finds that they could have, then the defendant would be required to produce evidence of original authorship. Consider the My Sweet Lord/He So Fine case, where the court found the defendant had subconsciously copied the plaintiff's song. Had Harrison been able to produce evidence of original authorship, the judgment could have been different. In your example, it is unlikely that an suit in copyright infringement could be decided against you, as you've stated the text is generated randomly. However, more evidence of this randomness might be required to support your case. Of course, whether a computer or automated process can produce works independently is still questionable; I'm not aware of cases that have tried this. The US Copyright Office has said that Works produced by mechanical processes or random selection without any contribution by a human author are not registrable. Of course, whether this has a bearing on your particular scenario is undecided, and I'm not sure how it would be decided. It is almost certain that the worst case outcome would be an injunction requiring you to cease publicising the product, or perform reasonable checks prior to publication to ensure that the product of your program infringes on works; it would be unlikely that you would have costs ordered against you, especially if the program is truly random, and the random text was given as much, or more, publicity than the coherent text.
The creator of the derivative work has copyright in the derivative work. The copyright would protect only the new elements of the derivative work. Wikipedia is a good place to start. In the case of a book with updated grammar, depending on the extent of the changes, it would probably be easier to copy the original directly than to eliminate the updates from a copy of the derivative work.
Copyright protection is about certain acts, and not about relationships between products. Copyright law says that the creator of an original work hold the exclusive right to copy and to authorize creation of derivative works. Copyright law does not say that anybody can freely create derivative works as long as they are different to a certain extent. So if you take an original Mario and modify it a teeny bit, that is a violation of copyright; if you take an original Mario and modify it hugely, that is a violation of copyright. Degree of similarity is relevant on some cases when the factual question arises whether the allegedly-infringing work is based on some protected original. This is most obvious in music cases, where all baroque music has some similarity to all other baroque music, all death metal has some similarity to all other death metal, and so on. There is not a legal quasi-statutory standard for measuring substantial similarity in music. The scientific underpinning of such a standard would be based on (weighted) combinatorics and the idea that there are only so many tunes possible (that would be a huge number, until you get to the "within a genre" condition). It seems obvious (by your "admission") that the derived works are based on protected works, so Nintendo's permission is required to legally create such works. However, you do or would hold copyright in your unauthorized derived work. Without a trail of evidence such as a SE question pointing to the connection, the derived images might be hard to connect to the originals. In addition, you may be able to avail yourself of a "fair use" defense, in case you get sued by the original creator. Factors favoring such a defense are the insubstantiality of the copying (a small portion) and the "transformativeness" of your creation.
Yup, copyright statutes and case law cover these situations. In Canada, look at at Copyright Act Section 30.7: It is not an infringement of copyright to incidentally and not deliberately (a) include a work or other subject-matter in another work or other subject-matter; or (b) do any act in relation to a work or other subject-matter that is incidentally and not deliberately included in another work or other subject-matter. The US doesn't have this in statute, but some defendants used a fair use defence, some successful, some not. (http://www.iposgoode.ca/2010/04/cindy-incidentally-the-incidental-inclusion-exception-in-canadian-copyright-law/) If you're using a piece of art as part of a tutorial, or being illustrative of a point, or subject of commentary, review, or criticism, that may be fair use or fair dealing.
Copyright law regulates copying of protected material. In the US, there are no laws that specifically prohibit reading anything. It may be illegal to be in possession of something (classified material), but if it is legal to be in possession, it is legal to read. (Do not confuse "read" with "read aloud to an audience" a.k.a. perform, which is a separate copyright protection). It is not illegal to be in possession of material that was copied without permission.
This would likely be considered a derivative work. You would need permission from the copyright holder to make it, especially if you intend to distribute it for profit.
Let’s work it through Is the work copyright? Yes. Are you making a copy or a derivative work? Yes. Do you have permission? No. At this point, it is prima facie copyright violation. However, various copyright laws have defences for breach. You don’t say where you are but as the USA is the most permissive in this regard we’ll use the USA. If it’s not legal there, it’s not legal anywhere. If it is legal there, it’s still likely to be not legal everywhere else. is it fair use? Almost certainly not. Wizards of the Coast (the copyright owner) already do this. While this service is free for creatures from the Monster Manual, it does drive traffic to their web site where they sell stuff. They also licence (presumably for money) others to do the same. Your usage would negatively affect the copyright owners market. This counts against fair use. Because it’s already being done, your work has virtually nil transformative value. This counts against fair use. You are copying a substantial part of the work. This counts against fair use. You are not using it commercially but neither is it for educational use. This is unlikely to matter. On balance: not fair use. TL;DR This is copyright violation.
All computer programs are not just copyrightable, they are protected by copyright as soon as they are put into fixed form (for example, as soon as I type it on my computer which will save it as a file on a disk). The copyright owner doesn't have to take any actions whatsoever to have a computer program protected by copyright. It’s not just computer programs, even many fonts are copyrighted because they are essentially computer programs. BTW. What I just wrote is also protected by copyright. There are some licenses involved that I agreed to when I submitted it to this website, and which allow the website to publish and you to read this text, but I'm the copyright holder. PS. There is a comment saying “computer programs are not literary works and therefore not copyrightable”. That may have been true or arguable in the 1980’s. It’s not true now. PS. No, stack exchange doesn’t own the copyright to my post, I do. Unless I was an employee of the company and posted on their behalf. Stack exchange needs and has a license to publish this post.