Derivative work
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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
External links
- US Copyright Act (Hosted by the Copyright Office) (http://www.copyright.gov/title17/)
- Frequently Asked Questions (and Answers) about Derivative Works (http://chillingeffects.org/derivative/faq.cgi)
- Article "Geek Law: Derivative Works (http://linuxjournal.com/article.php?sid=6366)" by Lawrence Rosen
- Article "DERIVATIVE WORK RIGHTS (http://www.artslaw.org/DERIV.HTM)" by David M. Spatt
- Article "L.H.O.O.Q.--Internet-Related Derivative Works (http://www.law.gwu.edu/facweb/claw/lhooq0.htm)" by Richard H. Stern
- Article "Derivative Works (http://funnystrange.com/copyright/derivative.htm)" by Sarah Ovenallfr:Travail dérivé