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In copyright law, a derivative work is an expressive creation that includes major copyrightable elements of a first, previously created original work (the underlying work). The derivative work becomes a second, separate work independent from the first.
The copyright law of the United States grants monopoly protection for "original works of authorship". [1] [2] With the stated purpose to promote art and culture, copyright law assigns a set of exclusive rights to authors: to make and sell copies of their works, to create derivative works, and to perform or display their works publicly. These ...
In United States copyright law, transformative use or transformation is a type of fair use that builds on a copyrighted work in a different manner or for a different purpose from the original, and thus does not infringe its holder's copyright.
A work of the United States government is defined by the United States copyright law, as "a work prepared by an officer or employee of the United States Government as part of that person's official duties". [1]
According to current United States copyright, copyright owners have the exclusive right "to prepare derivative works based upon [their] copyrighted work." [4] In the case where a copyright owner chooses to exercise their exclusive right to prepare derivative works against a work of fanfiction, they can sue the fanfiction writer for copyright ...
The strength of the copyleft license governing a work is determined by the extent to which its provisions can be imposed on all kinds of derivative works. Thus, the term "weak copyleft" refers to licenses where not all derivative works inherit the copyleft license; whether a derivative work inherits or not often depends on how it was derived.
In most countries that have national copyright laws, copyright applies to the original expression in a work rather than to the meanings or ideas being expressed. Whether a paraphrase is an infringement of expression, or a permissible restatement of an idea, is not a binary question but a matter of degree.
The law is unclear as to whether transient copies – such as those cached when transmitting digital content, or temporary copies in a computer's RAM – are “fixed” for the purposes of copyright law. [12] The Ninth Circuit has held that “A derivative work must be fixed to be protected under the Act, but not to infringe.” [13] In Apple v.
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