FAQ/What is a “derivative work”?

 

{FAQ} What is a “derivative work”?

A “derivative work” is a work based upon or derived from one or more pre-existing works (original works) which is created by translating, musically arranging or artistically recasting original works, or dramatizing, fictionalizing or otherwise adapting original works. Such a derivative work is itself protected as a new (original) “work” as long as it includes so-called “new creativity (originality)” which can be distinguished from creativity of the pre-existing work(s). Therefore, making some minor alterations to the pre-existing work will not qualify as a derivative work.

It should be noted that the protection of a derivative work does not affect the rights of the author of the original work.

 

(ref.) Art.2(3) of Berne Convention

Translations, adaptations, arrangements of music and other alterations of a literary or artistic work shall be protected as original works without prejudice to the copyright in the original work.

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