Legal Definitions - based on

In copyright law, the term "based on" refers to a new creative work that significantly draws its expressive elements from an existing, earlier work. For a work to be considered "based on" another, it must incorporate substantial similarities in the way the original work's ideas are expressed, rather than merely sharing similar underlying concepts or themes. When a new work is found to be "based on" an earlier copyrighted work without permission from the copyright holder, it typically constitutes copyright infringement.

Here are some examples illustrating what it means for a work to be "based on" another:

• Literary Adaptation: Imagine a filmmaker who creates a movie script that uses the exact plot structure, character arcs, and distinctive dialogue from a recently published novel, changing only the setting and character names slightly.

  This movie script would be considered "based on" the novel because it has taken the specific expressive elements – the unique sequence of events, character development, and particular phrasing – rather than just the general idea of a story. The substantial similarity in expression would likely lead to copyright infringement if done without permission.

• Musical Composition: Consider a new pop song that features a prominent, recognizable melody line and a distinctive drum beat directly lifted from an instrumental track released by another artist years ago, without alteration or permission.

  The new pop song is "based on" the earlier instrumental track because it directly incorporates specific, identifiable expressive elements (the melody and drum beat) that are central to the original work. This goes beyond merely being inspired by a musical genre or using a common chord progression; it's a direct appropriation of copyrighted expression.

• Visual Art: Suppose an artist creates a series of digital illustrations for a children's book. One of the illustrations meticulously recreates the unique pose, facial expression, and intricate costume details of a copyrighted photograph of a famous fictional character, merely changing the background.

  This illustration would be "based on" the photograph because it has copied the specific visual expression of the character as captured in the original photo. It's not just the idea of depicting the character, but the particular way the character is portrayed, including specific artistic choices made by the photographer, that has been reproduced.