Derivative Works and Copyright

For further information about Copyright Investigation , read:

• Copyright Investigation
• Copyright Formalities
• Copyright Notice
• Date in the Copyright Notice
• Copyright and the Public Domain
• Publishing before 1978: U.S. Copyright Notice
• Duration of Copyright Protection in the U.S.
• Absence of Copyright Notice
• Name in the Copyright Notice
• Ad Interim copyright

In examining a copy (or a record, disc, or tape) for copyright information, it is important to determine whether that particular version of the work is an original edition of the work or a “new version.” New versions include musical arrangements, adaptations, revised or newly edited editions, translations, dramatizations, abridgments, compilations, and works republished with new matter added.

The law provides that derivative works, published or unpublished, are independently copyrightable and that the copyright in such a work does not affect or extend the protection, if any, in the underlying work.

Under the U.S. copyright law of 1909, courts have also held that the notice of copyright on a derivative work ordinarily need not include the dates or other information pertaining to the earlier works incorporated in it. This principle is specifically preserved in the present copyright law. Thus, if the copy (or the record, disc, or tape) constitutes a derivative version of the work, these points should be kept in mind:

• The date in the copyright notice is not necessarily an indication of when copyright in all the material in the work will expire. Some of the material may already be in the public domain, and some parts of the work may expire sooner than others.
• Even if some of the material in the derivative work is in the public domain and free for use, this does not mean that the “new” material added to it can be used without permission from the owner of copyright in the derivativework. It may be necessary to compare editions to determinewhat is free to use and what is not.
• Ownership of rights in the material included in a derivative work and in the preexisting work upon which it may be based may differ, and permission obtained from the owners of certain parts of the work may not authorize theuse of other parts.

Author: admin

Author: admin

Mentioned in these Entries

Absence of Copyright Notice, Ad Interim copyright, Copyright Formalities, Copyright Investigation, Copyright Notice, Copyright and Public Domain, Duration of Copyright Protection in the U.S., Name in the Copyright Notice, Publishing before 1978: U.S. Copyright Notice.