Copyright Act Article 11: Derivative Works

A derivative work is a work created by translating, arranging, transforming, adapting, filming, or otherwise adapting a copyrighted work (Article 2, Paragraph 1, Item 11 of the Copyright Act).

From another perspective, a derivative work is a work that: (1) is created based on an original work; (2) has undergone modifications that do not remove the individuality of the original work; and (3) possesses creativity in the modifications made to the original work. Therefore, a work created by using an existing work as a base and adding new creativity can be considered a derivative work.

The key points regarding derivative works are:
(1) The author of a derivative work holds copyright as an author, but the original author also independently holds copyright as the original author;
(2) To create a derivative work, the permission of the original author is required (Article 27);
(3) To use a derivative work, the permission of both the author of the derivative work and the original author is required (Article 28).

A derivative work possesses both the creativity of the derivative work and the creativity of the original work. If a new work does not reproduce the creativity of the original work but instead presents new creativity, it is a new work and not a derivative work of the original.

On the other hand, if a new work only presents the creativity of the original work and does not present new creativity, it becomes a reproduction of the original work. In this case, reproducing the new work constitutes an infringement of the original author's copyright and moral right of integrity.

Even if a derivative work is created, it does not affect the copyright of the original author (Article 11).

As mentioned above, to create a derivative work, the permission of the original author is required (Article 27), and creating a derivative work without permission constitutes an infringement of the original work's right of adaptation (Article 27). Furthermore, acts such as reproducing or publicly showing a derivative work created without permission constitute an infringement of the original work's right of reproduction, right of public performance, etc. On the other hand, when the original copyright holder uses a derivative work, the permission of the author of the derivative work is required. If a third party uses a derivative work without permission, both the author of the derivative work and the original author can exercise their rights against that third party (Article 28).

・Copyright Act Article 11: Derivative Works

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