Derivative works
Early copyright laws did not provide authors with any rights to control derivative works.
The first copyright statute, the Statute of Anne, enacted in Great Britain in 1710, provided
authors of books the exclusive right to print, reprint, and vend their books for an initial period of fourteen years.
The Act wa silent to derivative works
Authors had no exclusivity in that scope
It did not matter greatly if the adapter copied large amounts of text, so long as he also
added something new to the work.
Translations added new expression and Short versions added new editing
Section 10
Works of joint authorship.
(1)
In this Part a “work of joint authorship” means a work produced by the collaboration of two or more authors in which the
contribution of each author is not distinct from that of the other author or authors.
( 1A )
• A film shall be treated as a work of joint authorship unless the producer and the principal director are the same person.
(2)
• A broadcast shall be treated as a work of joint authorship in any case where more than one person is to be taken as making the broadcast
10A CDP UK
Works of co-authorship
(1) In this Part a “work of co-authorship” means a work
produced by the collaboration of the author of a musical work and the author of a literary work where the two works are created in order to be used together.
(2) References in this Part to a work or the author of a work shall, except as otherwise provided, be construed in
relation to a work of co-authorship as references to each of the separate musical and literary works comprised in the work of co-authorship and to each of the authors of such works.
Derivative work
Marcel Duchamp 1919
• Indywidual input
• Commissioned works
artist Shepard Fairey vs
Mannie Garcia, a photographer
Law UK
• Author’s right to make copies and changes in the copies
• section 16 UK CDP – to make an adaptation of the work or do any of the above in relation to an
adaptation
• In no case is the author provided with a broad, open-ended right to control all adaptations
• Rules of secior 21 CDP
Section 21 UK CDP
• 21
• Infringement by making adaptation or act done in relation to adaptation.
(1)
• The making of an adaptation of the work is an act restricted by the copyright in a literary, dramatic or musical work. For this purpose an adaptation is made when it is recorded, in writing or otherwise.
(2)
• The doing of any of the acts specified in sections 17 to 20, or subsection (1) above, in relation to an adaptation of the work is also an act restricted by the copyright in a literary, dramatic or musical work.
• For this purpose it is immaterial whether the adaptation has been recorded, in writing or otherwise, at the time the act is done.
-comunication to the public -Issuing copies to the public -rental or lending to the public (
21/3)
• In this Part “adaptation”—in relation to a literary work, other than a computer program or a database, or in relation to a dramatic work, means
(i) a translation of the work;
(ii) a version of a dramatic work in which it is converted into a non- dramatic work or, as the case may be, of a non-dramatic work in which it is converted into a dramatic work
(iii)a version of the work in which the story or action is conveyed wholly or mainly by means of pictures in a form suitable for reproduction in a book, or in a newspaper, magazine or similar periodical
Right to reproduction vs derivative work
• In the U.K., authors are provided with a right to make copies.
To infringe this right, the defendant must factually copy the protected work. This requires a reproduction of the protected expression found in the author’s work.
Factual copying need not take place in the same form.
To copy “means reproducing the work in any material form.”
Therefore, taking a photograph of a painting would be a reproduction; the expression does not change, only the form in which it is presented
Market competition test
• When determining if infringement has occurred, the courts ask whether the defendant’s work competes in the market with the plaintiff’s work
• Substitute for consumer
LAW -Poland Article 2.
• 1. The work derived from another author's work, in particular its translation, modification or adaptation, shall be copyrighted without detriment to the original work.
2. The disposal and use of the derivative work shall be dependent on permission of the author of the original work (derivative copyright) unless the author's economic rights to the original work have expired.
• The author's permission shall also be required for preparing the derivative work in the case of data bases showing the features of a piece of work.
3. The author of the original work may withdraw his/her permission if the derivative work has not been disseminated within five years from the date of granting such permission. The remuneration paid to the author is not be refundable.
Art. 2 PL
4. The work produced under the inspiration of another author's work shall not be considered as the derivative work.
5. The copies of the derivative work shall
indicate the author and the title of the original work.
Article 3 PL
• Collections, anthologies, selections, and data bases showing the features of a piece of work shall be copyrighted even if they contain
unprotected materials in so far as the nature of their order, arrangement or composition is
creative without detriment to the rights of the works used .
PL
• Article 4.
The copyright shall not apply to:
1) legislative acts and their official drafts;
2) official documents, materials, logos and symbols;
3) published patent specifications and industrial design specifications;
4) simple press information.
Mona Lisa Leonardo da Vinci
Salvadore Dali
„La persistencia de la memoria” 1931
