Legal Definitions - derivative work

Derivative work is a type of work that is created from another copyrighted work. The owner of the original work has the right to decide how their work can be used, including creating new derivative works based on the original product. Derivative works can be created with the permission of the copyright owner or from works in the public domain.

In order to receive copyright protection, a derivative work must add a sufficient amount of change to the original work. For example, translating a work into another language may be enough for some works, while others may require a new medium. However, simply changing a few words in a written work is not enough to create a derivative work. The changes must be substantial enough to create a new work that is distinct from the original.

The copyright for the derivative work only covers the additions or changes to the original work, not the original itself. The owner of the original work retains control over the work, and in many circumstances can withdraw the license given to someone to create derivative works. However, once someone has a derivative work copyrighted, they retain their ownership of the derivative copyright even if their license to create new derivative works ends.

• A movie based on a book is a derivative work. The movie adds new elements, such as visual effects and music, to the original story.
• A translation of a book into another language is a derivative work. The translator adds new language and cultural elements to the original work.
• A remix of a song is a derivative work. The remixer adds new beats and sounds to the original song.

These examples illustrate how derivative works can be created in different ways, but they all involve adding new elements to an existing work to create something new and distinct.