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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.

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