Derivative Work
Definition: A derivative work is a new creative expression that builds upon or incorporates elements from a pre-existing copyrighted artwork. In the art world, derivative works can take the form of reinterpretations, remixes, collages, alterations, or adaptations of an original work.
Examples include a painting based on a famous photograph, a sculpture inspired by a copyrighted film still, or a digital remix of a classic artwork. Derivative works require permission from the original copyright holder unless the use qualifies as fair use or the original work is in the public domain.
The concept is central to copyright law and creative freedom. While derivative works can be powerful forms of commentary or homage, they can also lead to legal disputes — particularly if the new work is commercialized without proper licensing.
In contemporary art, artists like Richard Prince and Sherrie Levine have sparked debate by creating works that closely mimic or appropriate existing images. Courts weigh factors such as transformation, intent, market effect, and authorship when evaluating infringement claims.
