What is a derivative work?
A derivative work is a work, based on an original work, which
adds new original expression while retaining the basic expression
of the original work as well. Derivative works are universally
protected throughout the world.
There are two requirements for a work to be considered
derivative. The first is that it must be based on the existing
expression of an original work. If it has not borrowed the
expression, or it merely borrowed the general idea of the original
work, it is not a derivative work under the Copyright Law.
The second requirement is that it must include the creativity of
the adapter who re-creates the work, based on the expression of the
author, in such a way that it contains originality that adds to the
original work and is thereby qualified as an independent work. If
it merely uses the original expression but lacks additional
creativity, it is not a new work and cannot be termed
"derivative". It must be noted that since a
