What is a derivative work?

A derivative work is a work that is based on or derived from one or more preexisting works. It is a new creation, with a “substantial similarity” to that of the preexisting work. Under Minnesota copyright law, a derivative work is the exclusive property of the creator, and any unauthorized use by a third party without permission from the copyright owner is considered infringement. Examples of derivative works include translations, adaptations, or other alterations of a preexisting work, like a book-to-film adaptation. Derivative works need to be authorized by the copyright owner, or in some cases, those closely related to the copyright owner, like a family member. Typically, this authorization is in the form of a license or a contract. Without proper authorization, the derivative work is considered unauthorized and the copyright owner may have legal recourse against the infringer. Additionally, Minnesota copyright law recognizes “transformative” works, which involve taking preexisting works and transforming them in such a way that they are used for a different purpose than they were originally intended. Ultimately, derivative works are an important part of copyright law in Minnesota. It is important for creators to ensure that any derivative work is authorized by the copyright owner or those closely related to the copyright owner. Proper authorization will help protect the rights of the creator and ensure that their work is given the protection it deserves.

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