What is a derivative work?
A derivative work is a piece of art or literature which is based on, or derived from, a pre-existing work. In copyright law, a derivative work is protected by the same copyright as the original work, but the original author maintains the exclusive right to create the derived work. Derivative works are often used in creative industries such as film, television, music and book publishing. For example, when a book is adapted to the screen by a film producer, the producer creates a derivative work based on the original book, and obtains a license from the author to do so. In Oklahoma, the same copyright rules that apply across the US apply. The US Copyright Act of 1976 grants the copyright owner the exclusive right to create derivative works, which are defined as any work derived from another prior work. Derivative works are often used in popular culture, such as fan fiction, which takes characters or plots from existing works and creates a new story. In most cases, the author of the original work retains the right to create and distribute derivatives of their work, and the creator of the fan fiction has to seek the permission of the copyright holder befor they can distribute their story. Derivative works can also be found in music, where remixes of songs, samples of existing works or cover versions may all require permission from the copyright holder before it can be released. Overall, a derivative work is a creative work derived from an existing work, and in Oklahoma, these works are protected by the same copyright laws as the originals.
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