When it comes to understanding legal terms or concepts, few phrases make people as confused as “derivative work”. For the business professional, grasping the concept of derivative work can help to protect their products, and better understand intellectual property rights.
What Is Derivative Work?
Derivative work can be defined as, “the transformation of the original work into a new form, producing an ‘independent’ or ‘original’ form of expression.” Put in simpler terms, it’s when a creator borrows elements from an original work and mixes it with their own ideas and forms, to create something wholly new and original.
A modern example of a derivative work is when a music producer remixes a song, or a graphic artist creates a computer game from an existing comic book. An important distinction here is that the derivative work is not simply a copy of the original work – rather, it is an expressive work, created to generate an entirely new form of art.
The Impact of Derivative Work on Business Professionals
As a business professional, it’s important to understand the laws surrounding derivative works. Under copyright law, derivative works are usually seen as a separate original creative work – meaning that the artist who created the derivative work owns the rights to the final product and may have the right to profit from it.
It’s also important to understand the legal implications of using derivative work in businesses. If you are planning to use elements from an original piece of art, or plan to reproduce something already in use, then gaining permission from the original creator is essential. Without proper permission, a business may find itself open to a lawsuit, the penalties of which can be costly.
What Copyright Laws Cover Derivative Work?
The laws surrounding derivative works vary from country to country. In the United States, copyright law is governed by the U.S. Copyright Act, which outlines the protections for original authors, producers and creators. This law allows for limited forms of “transformative uses,” which include sampling, reusing and adapting material into something fresh and new.
Conclusion
Understanding derivative work is important for any business professional as it pertains to copyright law. To ensure that all legal obligations are met – and to protect your business against potential legal action – it’s essential to gain permission from the original creator before using elements from an original work to create something new.