Derivative Works and Copyright: Scope, Termination, Infringement, Considerations for Drafting Permissions

Description

Derivative works come in many forms--from the Mona Lisa with a Moustache to films based on novels like the Godfather and Harry Potter series to music that samples and uses lyrics from other songs to a new version of a computer program. Derivative works and the related IP rights are a complex area of the law.

Under the Copyright Act, "a derivative work prepared under authority of the grant [to prepare a derivative work] before its termination may continue to be utilized under the terms of the grant after its termination." 17 U.S.C. 203(b). Terminating the grant impacts the right to create future derivative works based on that copyrighted work. However, termination does not preclude continued use of any lawfully created derivative works. The practical consequences of the Copyright Act for derivative works need to be understood.

Listen as our authoritative panel of IP attorneys discusses when a work is derivative and the scope of the derivative right. The panel will also examine when it is copyright infringement to make/sell derivative works and discuss lessons from recent court treatment. The panel will offer insight on what this means for artists and their counsel when seeking copyright protection.