RE: Derivative works?

["John Cox" <John.E.Cox@btinternet.com>]

"Derivative work" is a term of copyright law.  The US Copyright 
Act (USC Title 17, Section 101) defines a derivative work as a 
work based upon one or more pre-existing works, such as a 
translation, musical arrangement, dramatization, movie, 
abridgment, condensation, or any other form in which a work may 
be recast, transformed, or adapted. It must be in a fixed or 
permanent form.  A work consisting of no more than editorial 
revisions, annotations, elaborations, or other modifications 
which, as a whole, represent an original work, is a "derivative 
work."

The most obvious example of a derivative work is a movie based on 
a novel. In the academic world it would amount to re-publication 
in substantially the same form in a textbook or compilation of 
articles that form a book.  It is not a derivative work if it is 
covered by fair use (e.g. criticism, parody etc.).  In 
substantially re-using a work in a subsequent paper, it may be 
treated as a derivative work, but might also amount to 
plagiarism.  And the issue only arises if the derivative work is 
published or distributed widely, so damaging the sales of the 
original work.

The important thing to remember is that copyright protects the 
expression of ideas, not the ideas themselves.  So there is 
nothing to prevent anyone from using the ideas in further 
research.  But they must not use the same expression of the idea 
in writing further papers, or it may be treated as a derivative 
work (as well as amounting to plagiarism).

John Cox

Managing Director
John Cox Associates Ltd
Rookwood, Bradden
Towcester, Northamptonshire
NN12 8ED
United Kingdom
E-mail: John.E.Cox@btinternet.com
Web: www.johncoxassociates.com