What is a derivative work?

A derivative work is a new creation that is based on or derived from an existing work. This could include a translation, a musical arrangement, or a motion picture. In North Dakota, derivative works are protected by copyright law. This means that if a person creates a derivative work of an existing work, the creator would be protected under the law. The derivative work must be “substantially different” from the original work in order to be considered a new creation and receive its own copyright. If someone uses an original work and alters it slightly, without making substantial changes, then the creator of the original work still owns the copyright. However, if the derivative work transforms the original enough, then the creator of the derivative work would own the copyright. An example of this is if someone creates a song based on an existing song, but changes the melody and lyrics. In this case, the new song would be considered a derivative work and would be protected by copyright law. If someone wanted to use the song, they would have to ask permission from the creator of the derivative work.

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