What Are Derivative Works?
Once an artist creates a work of art, it is automatically copyrighted even if it`s not registered. Registering the work, however, makes it so the artist can sue for copyright infringement and for statutory damages instead of just actual damages. The copyright on the work of art grants the artist certain exclusive rights, including the right to make new versions of the original work or to add artistic elements to past works. These new versions are called derivative works. The copyright laws also protect the artist from having his/her original work reproduced in a different media by another artist, without first obtaining permission from the artist who crafted the original works. Where it relates to music, derivative works is commonly defined as works that are based upon or use elements of the original, but incorporate new elements or changes.
Other Intellectual Property FAQs
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Q:
What Is Intellectual Property Law?
A: Our legal system provides certain rights and protections for owners of property. The kind of property that results from the use of the mind in developing new ideas and … More -
Q:
Can Intellectual Property Fall Into More Than One Of The Sub-Categories Of Trademark, Copyright, Patent, Or Trade Secret?
A: Sometimes you can have overlapping protection. For example, a floral sketch might be protected under copyright law. If embossed onto tableware, patent law may also … More -
Q:
I Have Heard It Said That Intellectual Property Law Protects The Expression Of Ideas, And Not The Ideas Themselves. Is That The Case?
A: There are many legal texts that make this point. One might question the true accuracy of this statement; however, thinking in these terms can provide a helpful way to … More -
Q:
What Is A Copyright?
A: Copyright is a form of protection provided to the authors of original works of authorship including literary, dramatic, musical, artistic, and certain other … More -
Q:
Why Should I Register My Work If Copyright Protection Is Automatic?
A: Registration is recommended for a number of reasons. Many choose to register their works because they wish to have the facts of their copyright on the public record … More -
Q:
How Do I Register My Copyright?
A: To register a work, you need to submit a completed application form, a nonrefundable filing fee of $30, and a nonreturnable copy or copies of the work to be … More -
Q:
What Is The Telephone Number For The U.S. Copyright Office?
A: The Public Information Office telephone number is (202) 7073000. To order application forms, the number is (202) 7079100. TTY is (202) 7076737. -
Q:
What Is The Mailing Address For The U.S. Copyright Office?
A: The mailing address is Copyright Office, Library of Congress, 101 Independence Avenue, S.E.,Washington, D.C. 205596000. -
Q:
What Are The Visiting Address And Hours Of Operation For The U.S. Copyright Office?
A: The Copyright Office is located at 101 Independence Avenue, S.E., Washington, D.C., in the James Madison Memorial Building, Room LM401, of the Library of … More -
Q:
Where Can I Get Application Forms?
A: You may get forms from the U.S. Copyright Office in person, by mailing in a request, by calling our 24hoursperday forms hotline: (202) 7079100, or … More
Entertainment and Sports Sub-categories
| Entertainment Law |

