What is a derivative work?

A derivative work is a creation that is based on or derived from one or more preexisting works. Under Delaware copyright law, a derivative work includes any work that is either recast, transformed, or adapted from an original work. Examples of derivative works include books that are based on a movie, translations of a book, or artwork derived from a photograph. In order for a derivative work to be protected under copyright law, the original work must be lawfully obtained and used in the creation of the derivative work. The law states that a derivative work can have its own copyright if it contains significant new material and is sufficiently original. However, the copyright will be separate from that of the original work. Additionally, the copyright holder of the original work has the exclusive right to authorize the creation of a derivative work.

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