Derivative Work

Synonyms:
See also:	Copyright, Fair Use, Transformative Work, Creative Commons, Orphan Works, Public Domain
Click here for related articles on Fanlore.

A derivative work is a new creative work "that includes major copyright-protected elements of an original, previously created first work (the underlying work)." A derivative work that is not a fair use (at least, under U.S. law) may be considered copyright infringement if it doesn't have a license from the copyright owner of the original work. Whether or not a derivative work has infringed on another's copyright, the original portions of the new work may be copyrightable.

Typical examples of licensed derivative works include translations, audiobooks, film adaptations, and tie-in novels.

Many people describe fanfiction as derivative, either legally or aesthetically.