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Derivative Work

Navigation:  Home > Entertainment and Sports Law > Derivative Work

 

The Copyright Act defines a derivative work as 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. An author's right to protection of the derivative work only extends to the elements that he has added to the work; he cannot receive protection for the underlying work. However, if the underlying work is itself protected by copyright, then he will receive no protection at all; on the contrary, he is a copyright infringer, because in order to create his work he has copied the underlying work.

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