Under U.S. Copyright law, “derivative works” are creative works based on a pre-existing work (either copyrighted or in the public domain) which incorporates elements of the original along with new elements, concepts, or ideas. Sequels, unrelated works based in a pre-existing created world, film scripts, and radio plays are all examples of derivative works. The copyright owner of the original work has the exclusive, discretionary right to create or authorize derivative works. Unlicensed derivative works made during the copyright term of the original–including fanfic–are copyright infringement. Many people are surprised to learn that fanfic which simply copies the characters and situations from someone else’s copyrighted work is copyright infringement, because so
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Deriving “Inspiration” From Other Works
Today’s post addresses a two-part question: “What’s the legality of using other works as “inspiration” for new works? When do you need a license?” The short answer is that it depends on the copyright status of the work the author wants to use for inspiration. This week, we’ll look at the author’s obligations when the work is in the public domain. Next week, we’ll look at licensing for works still under copyright protection. Authors wishing to base a new creative work on a pre-existing work must determine whether the pre-existing work has entered the public domain. Generally speaking, copyright includes the
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