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Derivative Work

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Synonyms:
See also: Copyright, Fair Use, Transformative Work, Creative Commons, Orphan Works, Public Domain
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A derivative work is a new creative work "that includes major copyright-protected elements of an original, previously created first work (the underlying work)."[1] 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.

References

  1. ^ Wikipedia:Derivative_work, accessed 1 October 2016