HTML-ified version of Circular 14 from United States Copyright Office:
http://www.copyright.gov/circs/
A derivative work is a work based on or derived from one or more already existing works.
Also known as a "new version," a derivative work is copyrightable if
it includes what copyright law calls an "original work of authorship."
Any work
in which the editorial revisions, annotations, elaborations, or other modifications
represent, as a whole, an original work of authorship is a derivative work
or a new version.
A typical derivative work registered in the Copyright Office is a primarily
new work but incorporates some previously published material. The previously
published material makes the work a derivative work under copyright law.
To be copyrightable, a derivative work must differ sufficiently from the original to be
regarded as a new work or must contain a substantial amount of new
material. Making minor changes or additions of little substance to a preexisting
work will not qualify a work as a new version for copyright purposes. The new
material must be original and copyrightable in itself. Titles, short phrases, and
formatting are not copyrightable.
Examples of Derivative Works
The following are examples of the many different types of derivative works:
- Television documentary (that contains archival footage and photographs)
- Motion picture (based on a play)
- Novel in English (a translation of a book originally published in Russian)
- Sound recording (CD in which two of the ten selections were previously published online)
- Sculpture (based on a drawing)
- Drawing (based on a photograph)
- Book of maps (based on public-domain maps with some new maps)
- Lithograph (based on a painting)
- Biography of John Doe (that contains journal entries and letters by John Doe)
- Drama about John Doe (based on the letters and journal entries of John Doe)
- Super Audio CD (in which all the tracks were previously released in a CD and have been remixed)
- Words and music (that include words from the Bible)
- Words and musical arrangement (arrangement is based on a piece by Bach)
- Musical arrangement (based on a work by Bach)
Compilations and Abridgments
Compilations and abridgments may also be copyrightable if they contain new
works of authorship. When the collecting of the preexisting material that makes
up the compilation is a purely mechanical task with no element of editorial
selection, or when only a few minor deletions constitute an
abridgment, copyright protection for the compilation or
abridgment as a new version is not available.
Some examples of copyrightable compilations are:
- Book of best short stories of 2006 (selected from stories
published in magazines and literary journals in 2006)
- Sound recording of biggest pop hits of 2004 (selected
from recordings released in 2004)
- Book of great news photos of 2002 (selected from
newspapers and newsmagazines published in 2002)
In the above examples, original authorship was involved
in deciding which were the best stories, the biggest hits, or
greatest photos and in what order to present the respective
works within the compilation.
Copyright Protection in Derivative Work
The copyright in a derivative work
covers only the additions,
changes, or other new material appearing for the first time in
the work. It does not extend to any preexisting material and
does not imply a copyright in that material.
One cannot extend the length of protection for a copyrighted work by creating a
derivative work.
A work that has
fallen into the public domain, that is, a work that is no longer
protected by copyright, can be used for a derivative work,
but the copyright in the derivative work will not restore the
copyright of the public-domain material. Neither will it prevent anyone else from using
the same public-domain work
for another derivative work.
In any case where a protected work is used unlawfully,
that is, without the permission of the copyright owner, copyright will not be extended
to the illegally used part.
Right to Prepare Derivative Work
Only the owner of copyright in a work has the right to prepare, or to authorize someone
else to create, a new version
of that work. The owner is generally the author or someone
who has obtained rights from the author. Anyone interested
in a work who does not know the copyright owner can
search the records of the Copyright Office or ask the Office
to conduct a search for an hourly fee. For details, see Circular
22, How to Investigate the Copyright Status of a Work.
Notice of Copyright
Before March 1, 1989, the use of copyright notice was mandatory on all published works,
and any work first published before that date should have carried a notice. For works
published on or after March 1, 1989, use of copyright notice is optional.
Although not required by law, it is perfectly acceptable
(and often helpful) for a work to contain a notice for the
original material as well as for the new material. For example,
if a previously registered book contains only a new introduction, the notice might be
© 1941 John Doe;
introduction © 2008 Mary Smith.
For information about copyright notice,
see Circular 3, Copyright Notice.
Copyright Registration
There are several ways to register a copyright with the U.S.
Copyright Office. Online registration through the electronic
Copyright Office (eCO) is the preferred way to register basic
claims for literary works; visual arts works; performing arts
works, including motion pictures; sound recordings; and
single serials. Advantages of online filing include a lower
filing fee; the fastest processing time; online status tracking;
secure payment by credit or debit card, electronic check, or
Copyright Office deposit account; and the ability to upload
certain categories of deposits directly into eCO as electronic
files. For details about eCO and other options for registering
a copyright, see Circular 1, Copyright Basics, or sl 35, Online
Copyright Registration.
Unfortunately, registration is often delayed because of
mistakes or omissions in completing copyright applications.
The following points should be helpful for those registering
derivative works. The categories specified appear on copyright applications.
Author Name the author(s) of the copyrightable material
being claimed. Ordinarily, the author is the person who actually created the work.
(Where the work or any contribution
to it is a work made for hire, the employer is considered the
author.) Do not name the author of previously published or
registered work(s) or public-domain material incorporated
into the derivative work, unless that person is also the author
of the new material. The application should name only the
author(s) of the new material in which copyright is claimed.
Author Created - Specify what the author(s) created. Examples
include "text," "translation," "editing,
" "music," "lyrics," "musical arrangement,
" "photographs," "artwork," "compilation."
Year of Completion - The year of completion is the year
is not included in the claim.
in which the new work -- the particular version for which
registration is sought -- was fixed in a copy or phonorecord
for the first time, even if other versions exist or if further
changes or additions are planned. Do not confuse completion with publication.
Publication - Copyright law defines "publication"â as "the
distribution of copies or phonorecords of a work to the public
by sale or other transfer of ownership, or by rental, lease, or
lending. The offering to distribute copies or phonorecords
to a group of persons for purposes of further distribution,
public performance, or public display, constitutes publication.
A public performance or display of a work does not of
itself constitute publication."
The following do not constitute publication: performing
the work, preparing phonorecords, or sending the work to
the Copyright Office.
The date of publication is the month, day, and year when
the work for which registration is sought was first published.
If the work has not been published, no date of publication
should be given on the application.
Copyright claimant The copyright claimant is either the
author of the work or a person or organization who has
obtained from the author all the rights the author initially
owned. When the claimant named is not the author, a brief
transfer statement is required to show how the claimant
acquired the copyright. Examples are "by written agreement"
and "by inheritance." Do not send copies of documents of
transfer with the application.
When the name of the claimant is not the name of the
author, but the two names identify one person, the relationship between the names should be explained.
Examples are
"Doe Publishing Company, solely owned by John Doe" or
"John Doe doing business as Doe Recording Company."
Previous registration - If no registration has been made for
this version or an earlier version of this work, leave this portion of the application blank.
If a previous registration for this work or another version of it was completed and a certificate of
registration was
issued, give the requested information about the previous
registration, if known.
Limitation of claim - Complete this portion of the application if the work being registered contains
a substantial
amount of material that
- was previously published,
- was previously registered in the U.S. Copyright Office,
- is in the public domain, or
- is not included in the claim.
New material included - Briefly, in general terms, describe
all new copyrightable authorship covered by the copyright
claim for which registration is sought. See examples below.
All elements of authorship described in "author created"
should be accounted for in "new material included."
If the claim is in the compilation only, state "compilation"
in "new material included." If the claim is in the compilation
and any other material, state both "compilation" and the
material that has been compiled"for example, "compilation and foreword";
"compilation of photographs, additional
photography, and foreword"; "compilation of recordings and
liner notes"; "compilation of gospel songs, additional music,
and foreword"; "compilation of 19th-century political cartoons, new foreword,
and index."
Examples for "Material Excluded" and "New Material
Included" entries for derivative works:
- Motion picture based on the novel Little Women:
Material Excluded: Text
New Material Included: Entire Motion Picture
- New arrangement of preexisting music for piano:
Material Excluded:
Music
New Material Included:
Musical Arrangement
- Two-act play expanded to a three-act play with editing
throughout:
Material Excluded:
Text
New Material Included: Text, Editing
- A new edition of Shakespeare's Romeo and Juliet with a
new introduction:
Material Excluded:
Text
New Material Included:
Text
- A 1989 catalog that has been revised and to which new
text and photographs have been added:
Material Excluded:
Text, Photographs
New Material Included:
Text, Photographs, Editing
- Lithographic print of a 19th-century oil painting:
Material Excluded:
Artwork
New Material Included:
Reproduction by photlithography [in "other" space]
- U.S. Geological Survey map of southern Virginia with
additional maps and text added:
Material Excluded:
Map
New Material Included:
Map, Text
- A CD containing previously published sound recordings
on some tracks and new sound recordings on other tracks:
Material Excluded:
Sound Recording
New Material Included:
Sound Recording
- A new release of a sound recording first published in the
1980s with new photographs and text included in the CD
package:
Material Excluded:
Sound Recording
New Material Included:
Photograph(s), Text of liner
notes
- Remixed sounds from a 1970 recording by Sperryville
Symphony of Bach Double Concerto
Material Excluded:
Sound Recording
New Material Included:
Remix
For Further Information
by Internet
Circulars, announcements, regulations, application forms,
and other related materials are abvailable from the Copyright
Office website at
www.copyright.gov
By Telephone
For general information about copyright, call the Copyright
Public Information Office at (202) 707-3000 or 1-877-4760778 (toll free).
Staff members are on duty from 8:30am to
5:00pm, Monday through Friday, eastern time, except federal
holidays. Recorded information is available 24 hours a day.
To request paper application forms or circulars, call the
Forms and Publications Hotline at (202) 707-9100 and leave
a recorded message.
By Regular Mail
Write to:
Library of Congress
Copyright Office -- COPUBS
101 Independence Avenue SE
Washington, DC 20559-6304
