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Derivative
Work:
A
work based upon one or more preexisting works, such as a translation,
musical arrangement, dramatization, fictionalization, motion picture
version, sound recording, art reproduction, abridgment, condensation, or
any other form in which a work may be recast, transformed, or adapted. A
work consisting of editorial revisions, annotations, elaborations, or
other modifications that, as a whole, represent an original work of
authorship, is a ''derivative work''. The
copyright in a derivative work covers only the additions, changes, or
other new material appearing for the first time in the work. It does not
extend to any preexisting material and does not imply a copyright in
that material. One cannot extend the length of protection for a
copyrighted work by creating a derivative work. A work that has fallen
in the public domain, that is, which is no longer protected by
copyright, may be used for a derivative work, but the copyright in the
derivative work will not restore the copyright of the public domain
material. Neither will it prevent anyone else from using the same public
domain work for another derivative work. In any case where a protected
work is used unlawfully, that is, without the permission of the owner of
copyright, copyright will not be extended to the illegally used part.
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