Derivative works ivan hoffman, ba, jd attorney at law. In the case of compilations or derivative works incorporating previously published material, the year of publication of the compilation or derivative work is sufficient. In the united states, computer programs are literary works, under the definition in the copyright act, 17. This article attempts to provide a practical understanding of derivative works. Compilations of data or compilations of preexisting works also known as col lective works may also be able if the materials are selected, coordi nated, or arranged in such a way that the resulting work as a whole constitutes. An authors exclusive right to prepare derivative works is particularly challenged in the software environment where innovation often involves references to and incorporation of other preexisting works. There is necessarily some overlapping between the two, but they basically represent different concepts. Software is the application of law to machinereadable software. The subject matter of as specified by section 102 includes compilations and derivative works, but protection for a work employing preexisting material in which subsists does not extend to any part of the work in which such material has been used unlawfully. In addition to this list of works the law also protects certain compilations and derivative works.
A derivative work is a work based upon one or more preexisting works. Requirements and registration issues involving choreography and pantomime, including works published before january 1, 1978, fixation, works not protected as choreography or. They can also include dramatizations and fictionalizations, such as a movie based. However, the applicable provisions do provide some, albeit. The in a compilation or derivative work extends only to. Most computer programs are covered by a series of s, each coming into being when a portion of the program is written or modified.
In this case, a large public company was a licensee of a computersoftware. The subject matter of as specified by section 102 includes compilations and derivative works, but protection for a work employing preexisting material in. The subject matter of as specified by section 102 includes compilations and derivative works, but protection for a work employing preexisting material. Consequently, at dangerous liaisons software combinations as. In law, a derivative work is an expressive creation that includes major able. The resulting translation is still an infringing derivative work. A derivative work is a work based on or derived from one or more already exist ing works. The in a compilation or derivative work extends only to the material contributed by the author. Between them the terms compilations and derivative works which are defined in section 101, comprehend every able work that employs preexisting material or data of any kind. Understanding the importance of derivative works articles.
The in a compilation or derivative work extends only to the material contributed by the author of such work, as distinguished from the preexisting material employed in the work, and does not imply any exclusive right in the preexisting material. Where the work or any con tribution to it is a work made for hire, the employer is con sideredtheauthor. The act is of little, if any, help in determining the definition of a derivative work of software. Dangerous liaisons software combinations as derivative works. Also known as a new version, derivative works can include musical arrangements, motion pictures, art reproductions, sound recordings or translations. The in a compilation or derivative work extends only to the.
Author name the author or authors of the able material being claimed. While many of the legal principles and policy debates concerning software have close parallels in other domains of law, there are a number of distinctive issues that arise with software. Compilations and derivative works a the subject matter of as specified by section 102 includes compilations and derivative works, but protection for a work employing preexisting material in which subsists does not extend to any part of the work in which such material has been used unlawfully. A derivative work is a new, original product that includes aspects of a preexisting, already ed work. Price waterhouse later sold the software business and the new owner sought to do.
A compilation is a work formed by the collection and assembling of preexisting materials or of data that are selected, coordinated, or arranged in such a way that the resulting work as a whole meets the requirements for. The in such work is independent of, and does not affect or enlarge the scope, duration, ownership, or subsistence of, any protection in the preexisting material. Common derivative works include translations, musical arrange. The derivative work right is often referred to as the adaptation right. This article primarily focuses on topics particular to.
1484 642 153 1145 324 429 628 896 376 1415 780 463 184 849 1344 718 255 367 650 625 218 821 1146 1115 825 77 977 918 851 1055 683 1220 404 260 739 1111 27 475 1454 735 176 868