What is a “Derivative Work?”

United States copyright law grants the creator of any creative work the right to their creation. It means that a creator has the exclusive right to their work, and the right to make copies, make derivative works, and distribute the work. Notice that as a creator that you have the right to both the original work, AND the derivative work. But what’s a “derivative work?”

A “derivative work” is any work based on the original work, or derived from an existing work or works. A derivative work might be a translation of a book into another language, a film version of a play, a condensation of a novel, or a new arrangement of a musical composition. A common example of a derivative work is a new edition of an existing publication, which updates the original and adds new material.

Only the copyright owner of the original has the right to create a derivative work, or to authorize others to create a derivative work. If you create a derivative work without the permission of the copyright owner, then you have likely committed trademark infringement. These are analyzed on a case-by-case basis; copyright law is very fact-dependent and nuanced.

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