The new authorship that the author contributed to the derivative work may be registered, provided that it contains a sufficient amount of original authorship.
As the legislative history explains, derivative works include “every copyrightable work that employs preexisting material … of any kind,” regardless of whether the preexisting material is protected by copyright or whether the copyright in that material has expired. H.R. Rep. No. 94-1476 at 57, reprinted in 1976 U.S.C.C.A.N. at 5670; S. Rep. No. 94-473 at 55. Typically, a derivative work is a new version of a preexisting work or a work that is based on or derived from a preexisting work.
Examples:
- A motion picture based on a novel or a play.
- An English translation of a novel written in Spanish.
- A sculpture based on a drawing.
- A drawing based on a photograph.
- A lithograph based on a painting.
- A musical arrangement of a preexisting musical work.
- A drama based on the letters and sermons of Cotton Mather.
A new edition of a preexisting work may also qualify as a derivative work, provided that the revisions or other modifications, taken as a whole, constitute a new work of authorship.
Examples:
- A revision of a previously published book.
- A revision of the artwork and text on a website.
- A new version of an existing computer program.
- A new version of a doll or stuffed animal.
507.2 The Scope of the Copyright in a Derivative Work
The copyright for a derivative work only covers the new material that the author contributed to that work. It does not cover any of the preexisting material that appears in the derivative work. See H.R. 94-1476, at 57, reprinted in 1976 U.S.C.C.A.N. at 5670; S. Rep. No. 94-473, at 55 (“[C]opyright in a ‘new version’ covers only the material added by the later author, and has no effect one way or the other on the copyright or public domain status of the preexisting material.”). Likewise, a registration for a derivative work does not cover any previously published material, previously registered material,
