17.15 Copyright Interests-Derivative Work is a form of Intellectual Property (IP) law that protects the original work of authorship from being copied or modified without their permission. It applies to original works such as literature, music, software, art, photography, and other creative works. It also applies to derivative works that are based on the original work, such as translations, adaptations, or remixes. The creator of the original work has exclusive rights over the work, and any unauthorized use is an infringement of their copyright. These rights include the right to reproduce, distribute, display, and create derivative works.
17.15 Copyright Interests-Derivative Work
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US-JURY-9THCIR-17-15
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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/
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FAQ
The defense that the derivative work is transformative falls under the general category of ?fair use? of copyrighted works. There are other methods in which a derivative work might be considered ?fair use.? These include creation for the purposes of scholarship, education, parody, news reporting and more.
A derivative work is a work based on or derived from one or more already exist- ing works. Common derivative works include translations, musical arrange- ments, motion picture versions of literary material or plays, art reproductions, abridgments, and condensations of preexisting works.
Merely borrowing the ideas expressed by the prior work (creating a work ?inspired by? it) would not create a derivative work. Ideas are not copyrightable. A work is not derivative unless it has been substantially copied from a prior work's expression.
A "derivative work" is 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.
A derivative work is a work based on or derived from one or more already exist- ing works. Common derivative works include translations, musical arrange- ments, motion picture versions of literary material or plays, art reproductions, abridgments, and condensations of preexisting works.
Derivative Work (basic definition) A derivative work takes an existing work and adapts it in some way in order to create a new work.
A "derivative work" is 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.
There are many examples of derivative works, among them: a new edition of a textbook, which includes revisions and additions. a drawing based upon a photograph. a new musical score, based closely on a previous musical score, or.