Derivative Work
A derivative work is a new creation that makes use of existing works.
The new content in a derivative work is, on its own, intellectual property and is entitled to its own copyright protection.
Derivative work
A derivative work is a new creation that makes use of existing works. Derivative works include novel and useful improvements on inventions.
Derivative work is entitled to its own copyright protection
The new content in a derivative work is, on its own, intellectual property and is entitled to its own copyright protection.
A popular type of derivative work these days is a mashup. A mashup is a new product derived almost entirely from a combination of existing works.
The originality of the mashup stems from:
- the creator’s selections from existing works and
- the novel ways in which the selections are combined.
Creating Derivative Work
If you create a derivative work using copyrighted, patented or IP protected work, then you are legally obliged to seek permission from the copyright/patent holder to use the existing work. You will also likely pay a royalty or licence fee.
So movies that use music you recognize are actually doing derivative work. Seems that this is really expensive and can go up to 27% of a film’s budget.