Legal Definitions - derivative work

A derivative work is a new creative work that is based on one or more pre-existing copyrighted works. To be considered a derivative work, it must transform, adapt, or recast the original material in a way that adds new, original creative elements. This means it's more than just a minor alteration; it must incorporate enough new authorship to be considered a distinct creation.

Creating a derivative work typically requires permission from the copyright holder of the original work, unless the original work is in the public domain (meaning its copyright has expired or was never established). The copyright for the derivative work only protects the new contributions and changes made by the creator of the derivative work, not the underlying original material. The original copyright owner retains all rights to their original work.

Here are some examples to illustrate what constitutes a derivative work:

• Novel Adapted into a Screenplay: Imagine a popular, copyrighted novel. A filmmaker decides to write a screenplay based on this novel, adapting its plot, characters, and themes for the big screen. This screenplay is a derivative work because it transforms the original literary work into a new medium (a script for a film), adding new dialogue, scene descriptions, and structural changes specific to cinematic storytelling. The filmmaker would need permission from the novel's copyright holder to create and produce this screenplay. The copyright for the screenplay would cover its unique cinematic elements, but not the underlying story and characters from the original novel.

• Graphic Novel Based on a Short Story Collection: Consider a collection of copyrighted short stories. An artist and writer team decide to adapt these stories into a graphic novel. They create original artwork for each panel, design character appearances, and adapt the narrative into a visual storytelling format. This graphic novel is a derivative work because it significantly transforms the original text into a new visual medium, adding substantial new creative content in the form of illustrations and visual narrative choices. Permission from the original short story author's copyright holder would be essential. The graphic novel's copyright would protect its unique artistic and narrative presentation, but not the core plots or characters from the original short stories.

• New Musical Arrangement of an Existing Song: Suppose a musician takes a copyrighted folk song and creates an entirely new arrangement for a full orchestra, incorporating complex harmonies, countermelodies, and a different rhythmic structure. This orchestral arrangement is a derivative work. While it uses the original melody and lyrics, it adds significant new creative authorship through its unique instrumentation, harmonic choices, and overall musical interpretation. The musician would need to secure a license from the original songwriter's copyright holder. The copyright for the new arrangement would protect these specific orchestral additions and changes, but not the original song's melody or lyrics.