200-7
204
Compilations and derivative works. (cont'd)
204.02
Derivative works defined. (cont'd)
revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a derivative work. See 17 U.S.C. 101.
revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a derivative work. See 17 U.S.C. 101.
204.3
Standards for copyrightability of compilations and derivative works. The standards for the copyrightability of compilations and derivative works include the following requirements: (1) they must be original works of authorship, and (2) they must comply with the other provisions of the law.
204.04
Status of compilations and derivative works unlawfully employing preexisting copyrighted material. Copyright protection for a work employing preexisting material in which copyright subsists does not extend to any part of the work in which such material has been used unlawfully. See 17 U.S.C. 103(a).
- This means that where a work is based on a preexisting work, without authorization of the copyright owner and unlawfully, the new material may be subject to copyright protection only to the extent that it can be separated from the preexisting work.
- Where the new matter (such as certain editorial revisions, translations, and musical arrangements) is inextricably integrated with the preexisting work, without authorization of the copyright owner, registration for the new matter cannot be made.
- However, where the new matter (such as new lyrics set to an existing melody) is capable of existing separately, registration may be possible, even though the use may be an infringement of the copyright in the preexisting work.
[1984]
