Rewriting the ending of a work is a fairly common practice in creative writing, learning, etc. However, many people wonder whether rewriting the ending violates copyright, especially when the original work is still protected. To answer accurately, this act needs to be considered in relation to the right to create derivative works, the scope of legal use, and the limitations permitted by intellectual property law.
How is copyright in a work understood?
According to Clause 2, Article 4 of the 2022 Intellectual Property Law: “Copyright is the right of an organization or individual to a work created or owned by them.” Copyright arises automatically from the moment the work is created and expressed in a certain physical form, regardless of registration.
A literary, cinematic, or theatrical work is protected in its entirety, including:
- Plot
- Characters
- Development
- Ending
- Creative form of expression
Therefore, the ending of a work is protected by copyright like other creative elements, and any act of exploiting, modifying, or using this ending must be carefully considered from a copyright perspective as stipulated by law.
What constitutes a legal act of rewriting the ending of a work?
Rewriting the ending of an existing work is usually classified as one of the following acts:
- Creating a derivative work
- Adapting or modifying the work
- Transforming or creating based on the original work
According to Clause 8, Article 4 of the 2022 Intellectual Property Law: “A derivative work is a work created on the basis of one or more existing works.”
Examples:
- Rewriting a different ending for a famous novel
- Changing the fate of a character
Thus, all these cases show signs of being derivative works.
Does rewriting the ending of a work violate copyright?
Rewriting the ending may be legal in some cases, but it also carries the risk of copyright infringement if it does not meet the conditions under Intellectual Property Law. The content below will clarify the cases considered infringing and not considered infringing to help you avoid legal risks.
Rewriting the ending of a work constitutes copyright infringement
Rewriting the ending risks copyright infringement if it falls into one of the following cases:
- Without the author’s/copyright owner’s permission: According to Article 20 of the 2022 Intellectual Property Law, copyright owners have the right to “create derivative works.” Therefore, rewriting the ending, if considered a derivative work, requires the permission of the copyright owner, except in exceptional cases as stipulated by law.
- The content remains closely based on the original plot, characters, and world. If the characters remain unchanged; the setting and plot are the same; only the ending is altered… it will be considered an infringement of the right to create a derivative work.
- Publicly published or commercially exploited: If you use it to post on websites, social media; publish books, stories, films; or monetize the rewritten content. In this case, the copyright owner has the right to request removal, compensation for damages, or administrative penalties.
Rewriting the ending of a work is not considered a copyright infringement
Not all acts of rewriting the ending violate the law. Some cases may be acceptable:
- The work’s copyright protection period has expired: According to Article 27 of the Intellectual Property Law, the copyright protection period for literary works is for the author’s lifetime and 50 years after the author’s death. If the work is already in the public domain, you have the right to freely exploit it, including rewriting the ending.
- Writing for personal research, study, or analysis: According to Article 25 of the 2022 Intellectual Property Law, some acts of using a work do not require permission or payment, including: “Reasonably quoting a work without distorting the author’s meaning for commentary or illustration in one’s own work.” However, it must not be published as a standalone work and must not affect the normal exploitation of the original work.
- New creative content, independent of the original work: If you only take general inspiration, without using specific characters, plot, or details, this can be considered a standalone work and does not infringe on copyright.
The above is the information that VCD wants to share with you: “Does rewriting the ending of a work infringe on copyright?”. To avoid legal risks, individuals and organizations should understand the regulations regarding derivative works, respect copyright, and obtain permission when exploiting works in cases where required by law.
Sincerely,
Câu hỏi thường gặp
If it is solely for educational or research purposes, not for commercial purposes and not for public publication, this act is generally not considered a copyright infringement under the fair use limits.
Yes. Publicly publishing a rewritten ending without the consent of the original author or copyright owner may be considered a copyright infringement, especially if the content still relies heavily on the original work.