A Derivative Work is a new creation that is based on or derived from one or more existing works. This could include translations, musical arrangements, dramatizations, fictionalizations, motion picture versions, art reproductions, abridgments, and any other form in which a work may be recast, transformed, or adapted. Creation of derivative works often does not qualify as fair use without permission from the original work’s copyright owner.
Definition of Derivative Work§
Derivative work refers to a work that is substantially derived from one or more preexisting works. The U.S. Copyright Office defines a derivative work as:
“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’”.
Types of Derivative Works§
Adaptations§
These are works transformed from one format to another, such as books turned into movies or plays.
Translations§
Translating a book from its original language to another language constitutes creating a derivative work.
Spin-offs§
When elements from an original work are used to create a new story, like a TV series based on a novel.
Transformative Works§
These expand by adding new content or changing the medium, such as a novel adapted to a comic book format.
Legal Considerations§
Copyright Protection§
Derivative works are protected under copyright law, granted they contain original, creative elements added by the author of the new work.
Permission and Licensing§
Creating a derivative work typically requires permission from the original work’s copyright holder, often in the form of a license.
Fair Use Doctrine§
There are instances where derivative works can be used without permission under the fair use doctrine. However, this is determined on a case-by-case basis, considering the purpose, nature, amount used, and effect on the market.
Examples of Derivative Works§
Movies Based on Books§
Many Hollywood movies are adaptations of novels or comic books, such as Harry Potter series derived from J.K. Rowling’s books.
Sequels and Prequels§
Continuations of original stories, like Star Wars sequels and prequels, are derivative works.
Musical Covers and Arrangements§
New versions of famous songs, whether rearranged or performed by different artists, qualify as derivative works.
Historical Context§
The concept of derivative works has evolved alongside copyright laws. The Berne Convention for the Protection of Literary and Artistic Works in 1886 was a milestone in establishing international standards for the protection of derivative works.
Applicability in Different Fields§
In Literature§
Authors can create spin-offs or extend universes based on existing literary works.
In Software Development§
Programmers may create derivative software by modifying or building upon existing code.
In Music§
Composers may create variations or medleys that are based on existing musical pieces.
Comparisons to Related Terms§
Original Work§
An original work is one that is created independently and not based on any preexisting works.
Plagiarism§
Plagiarism involves using someone else’s work without giving credit, while derivative work acknowledges the original source and often requires permission.
FAQs§
Is fan fiction considered a derivative work?
Can derivative works be copyrighted?
Do parody works count as derivative works?
References§
- U.S. Copyright Office. (n.d.). Derivative Works. Retrieved from www.copyright.gov.
- WIPO. (n.d.). Berne Convention for the Protection of Literary and Artistic Works. Retrieved from www.wipo.int.
Summary§
In summary, derivative works are an essential component of creative industries, allowing existing works to be transformed and adapted into new forms. They require careful consideration of copyright laws and often necessitate permission from the original creators. Understanding derivative works is crucial for authors, artists, producers, and anyone involved in creative and intellectual property-related fields.
