It cannot be denied that classic works of literature, poetry, music, cinema, etc. are also an inspiration for authors to compose and perform derivative works. In this article, we will analyze the concept of derivative works and conditions for derivative works to be protected by copyright.
1. What is a derivative work?
According to Clause 8, Article 4 of the 2005 Intellectual Property Law, derivative works are defined as works created on the basis of one or more existing works through translation from one language to another, compilation, annotation, selection, arrangement, musical adaptation and other adaptations.
Pursuant to the foregoing, derivative works from an original work include:
- Works translated into another language of the original work: mean works translated into another language in a literal way, without misrepresenting the content based on the content of the original work.
- Adapted works: are works that adapt to the original work, but have creativity in content, ideas, etc. Adapted works often have new nuances and are different from the original works.
- Compilation works: are the synthesis of information, collection and selection of references to rewrite into a new work with the citation of the referenced information sources.
- Commentary works: are works that express the opinion and comments of the commentator, explaining the meaning to clarify the content of the original work.
- Selected works: understood as a collection of works selected by the editor.
- Adapted works: are works created on the basis of the original work by changing the form of expression.
- Adapted work: can be understood as works based on the original work but do not change the content of the original work. Currently, the popular form of adaptation is the adaptation of a literary work, story, etc. into a movie, television series, etc.
2. Conditions for derivative works to be protected by copyright?
Derivative works are protected by copyright when meeting the following 04 conditions:
- Without prejudice to the copyright in the original work:
- According to Clause 2, Article 14 of the Intellectual Property Law 2005, derivative works are only protected if they do not prejudice the copyright of the work used to make derivative works.
- Works used to make derivative works include literary, artistic and scientific works specified in Clause 1, Article 14 of the Intellectual Property Law.
- Must be directly created by the author of the derivative work: Clause 3, Article 14 of the 2005 Intellectual Property Law stipulates that protected derivative works must be directly created by the author using his or her intellectual labor without copied from other people’s work.
- With permission of the author, copyright owner of the original work: Article 28 of the Intellectual Property Law 2005 stipulates that derivative works must be authorized by the author, copyright owner of the original work. In the absence of the author’s consent, the copyright owner will be considered an act of copyright infringement (Unless the derivative work falls into the cases in Article 25 and Article 26 of the Intellectual Property Law). wisdom).
- Must have the unique stamp of the author of the derivative work: Derivative works are works created based on the original work. Therefore, in order for a derivative work to be protected, it must be creative, new and bear the stamp of the author who created the derivative work.
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Above is the article “What is a derivative work?” What are the conditions for derivative works to be protected by copyright? We hope this article is useful to you.
