Derivative work  

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Under United States copyright law, 17 [[U.S.C.]] § 101, a derivative work is defined to include "a work 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]], [[transform]]ed, or [[adapt]]ed" as well as a "work consisting of [[editorial]] [[revision]]s, [[annotation]]s, [[elaboration]]s, or other [[modification]]s which, as a whole, represent an original work of [[authorship]]". Under United States copyright law, 17 [[U.S.C.]] § 101, a derivative work is defined to include "a work 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]], [[transform]]ed, or [[adapt]]ed" as well as a "work consisting of [[editorial]] [[revision]]s, [[annotation]]s, [[elaboration]]s, or other [[modification]]s which, as a whole, represent an original work of [[authorship]]".
==Examples== ==Examples==
-Since many films are based on novels or scripts they are classed as derivative works. In cases where the film's copyright has lapsed but the original work is still covered the film cannot be freely distributed without the permission of the original author on which it was based. For example, the 1912 [[George Bernard Shaw]] [[play]] ''[[Pygmalion (play)|Pygmalion]]'' was made into a film [[Pygmalion (1938 film)|of the same name]] in 1938. The film's protection had lapsed and it was thus released into [[public domain]], but that of the original play was retained. After a third party released prints of the film they were challenged by the copyright-holders of the play, with a court ruling that releasing the prints was a copyright infringement. {{GFDL}}+Since many films are based on novels or scripts they are classed as derivative works. In cases where the film's copyright has lapsed but the original work is still covered the film cannot be freely distributed without the permission of the original author on which it was based. For example, the 1912 [[George Bernard Shaw]] [[play]] ''[[Pygmalion (play)|Pygmalion]]'' was made into a film [[Pygmalion (1938 film)|of the same name]] in 1938. The film's protection had lapsed and it was thus released into [[public domain]], but that of the original play was retained. After a third party released prints of the film they were challenged by the copyright-holders of the play, with a court ruling that releasing the prints was a copyright infringement.
 +{{GFDL}}

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Train wreck at Montparnasse (October 22, 1895) by Studio Lévy and Sons.
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Train wreck at Montparnasse (October 22, 1895) by Studio Lévy and Sons.

In copyright law, a work that is a variation of an original work sufficiently similar to contain protected elements of the original work, but sufficiently different to qualify for copyright protection independent of the original work.

Usage notes

Under United States copyright law, 17 U.S.C. § 101, a derivative work is defined to include "a work 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" as well as a "work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship".

Examples

Since many films are based on novels or scripts they are classed as derivative works. In cases where the film's copyright has lapsed but the original work is still covered the film cannot be freely distributed without the permission of the original author on which it was based. For example, the 1912 George Bernard Shaw play Pygmalion was made into a film of the same name in 1938. The film's protection had lapsed and it was thus released into public domain, but that of the original play was retained. After a third party released prints of the film they were challenged by the copyright-holders of the play, with a court ruling that releasing the prints was a copyright infringement.



Unless indicated otherwise, the text in this article is either based on Wikipedia article "Derivative work" or another language Wikipedia page thereof used under the terms of the GNU Free Documentation License; or on original research by Jahsonic and friends. See Art and Popular Culture's copyright notice.

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