Abstract:

Derivative works are considered as an adaption based by an preeexisting work that is protected by copyright or by the acts that enter into the public domain. The use of public domain works does not preclude the author to add in their new creation other elements of works and creations which derive from the original work form creating a new derivative creation work. Essential in these works is the expression of originality. The limits of defence to a creation of a derivative work lie only in the author”s proces of contributing on this work in a manner. This last process must be distinctual from the work that already exists. Unauthorized derivative works have already become part of the exploitive culture in online environment.

This paper aims to address the meaning of derivative works; which are cases where they can be expressed? Which are the features that distinguish this kind of works from other works in the field of copyright? What economic benefits can the author obtain from these works in the intellectual market? What are the exclusive economic rights? Furthermore it is important to be noted that violations of copyright to derivative works, recently, as a result of technological developments is a challenge for creative authors, the media in general and the institutions responsible for the drafting and implementation of the legal framework protecting the intellectual property rights.

Although the creation of a derivative work requires more than one element to be materialized. The main question is: what is the measure of originality that must exist to benefit the protection of copyright? Is sufficient legal framework of the copyright in the international context and one clarified to balance between the interests of parties when it comes to benefit from creative industries? How must things lie in the case of the creation of not for profit works? What are exclusive rights of the author is him able to control the mix and new transformations of original works of previous technology though the process of development today?

Keywords:

Derivative works, originality, legal framework, economic exclusive rights, infrigement of copyright rights.