derivative works

Definition

A derivative work is something new you create that is based on someone else's existing copyrighted material, like writing a screenplay based on a novel or translating a book into another language. The original creator typically holds rights over derivative works, which means you need their permission before you can legally build on their creation. Copyright law treats these borrowed-and-transformed creations as a separate category because they blend someone else's protected expression with your own original contribution.

Example

If you want to turn a popular blog post into a short film or create a mobile game based on a well-known cartoon character, both of those would be considered derivative works requiring a license from the original copyright holder.

Watch Out

Many small business owners mistakenly believe that heavily modifying someone else's work makes it safe to use without permission, but courts look at whether the original work is still recognizable, not just how much you changed it.

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This definition is for informational purposes only and does not constitute legal advice. Please consult with a licensed attorney for legal guidance.