Derivative Work

Definition

A derivative work is a new work that is based on or derived from an existing copyrighted work. It involves the transformation, adaptation, or modification of the original work, creating a new version that builds upon the original expression and content.

5 Must Know Facts For Your Next Test

1. Derivative works can include translations, musical arrangements, dramatizations, fictionalized versions, or any other form in which a work may be recast, transformed, or adapted.
2. The creation of a derivative work requires the permission of the copyright holder of the original work, unless the use falls under the fair use exception.
3. Copyright law protects the original expression of an idea, but not the underlying idea itself. Derivative works must contain sufficient original expression to be considered a new, protectable work.
4. The creation of a derivative work can extend the copyright term of the original work, as the derivative work is considered a new work with its own copyright protection.
5. Parodies and critical commentary are generally considered fair use and do not require permission, as they transform the original work in a transformative manner.

Review Questions

• Explain the concept of a derivative work and how it relates to copyright protection.
  • A derivative work is a new work that is based on or derived from an existing copyrighted work. It involves the transformation, adaptation, or modification of the original work, creating a new version that builds upon the original expression and content. The creation of a derivative work requires the permission of the copyright holder of the original work, unless the use falls under the fair use exception. Copyright law protects the original expression of an idea, but not the underlying idea itself, so derivative works must contain sufficient original expression to be considered a new, protectable work.
• Describe the impact of creating a derivative work on the copyright term of the original work.
  • The creation of a derivative work can extend the copyright term of the original work. This is because the derivative work is considered a new work with its own copyright protection, which can potentially last for the duration of the copyright term, starting from the creation of the derivative work. This means that the copyright holder of the original work can continue to exert control over the use and distribution of the derivative work, even after the original work's copyright has expired.
• Analyze the relationship between derivative works and the fair use exception in copyright law.
  • While the creation of a derivative work generally requires the permission of the copyright holder of the original work, there are exceptions under the fair use doctrine. Parodies and critical commentary are generally considered fair use and do not require permission, as they transform the original work in a transformative manner. This means that the new work must use the original work in a way that adds something new, with a further purpose or different character, rather than merely superseding the original. The fair use exception recognizes that the public interest can be served by allowing certain transformative uses of copyrighted works without the need for permission from the copyright holder.

Related terms

Adaptation: The process of converting an original work into a different form, such as a novel into a film or a play into a musical.

Transformation: The act of significantly changing or altering an original work to create a new and distinct work.

Reproduction: The making of copies of a work, either in the same or a different medium, without significantly changing the original expression.