Derivative work

In copyright law, a derivative work is an artistic creation that includes aspects of work previously created and protected.

In the United States, "derivative work" is defined in 17 USC 101, section 101:

A "derivative work" is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a "derivative work".

The concept of derivative works is a logical extension of the framework of copyright protection in the United States. It prevents others from misappropriating the original work of a creator and redistributing it with "trival" changes without permission. If a derivative work is created with the permission of the original creator, the secondary creator maintains a copyright interest in only the aspects of the derivative work that are his or her original creations.

See also

• Authorship
• intellectual property
• patent
• trademark
• trade secret
• Galoob v. Nintendo

External links

• US Copyright Act (Hosted by the Copyright Office)
• Frequently Asked Questions (and Answers) about Derivative Works
• Article "Geek Law: Derivative Works" by Lawrence Rosen
• Article "DERIVATIVE WORK RIGHTS" by David M. Spatt
• Article "L.H.O.O.Q.--Internet-Related Derivative Works" by Richard H. Stern
• Article "Derivative Works" by Sarah Ovenall