Home> Archive> 2022> Volume 12 Number 4 ( Nov. 2022)
IJSSH 2022 Vol.12(4): 303-309 ISSN: 2010-3646
doi: 10.18178/ijssh.2022.V12.1107

Originality to Derivative Works: How to Use “Transformative” Rules to Judge Them

Chenxuan Li

Abstract—Originality to derivative works, has become one of the most important problems for these re-creations who want to gain copyright protection. The paper is trying to find the boundary between original works, derivative works, and copying rights by analyzing originality and derivative works based on copyright laws of UK and EU. Fanfictions will also be discussed in detail. Derivative works, including fanfictions, are the works which are created based on previous copyrighted works. It is almost impossible for these works to be completely created independently. For these works, even though always being used in US cases, transformative is meaningful while being judged. Since these re-creations are closely related to former original works, there is no need to use “transformative” rules or rule originality in derivative works area in a strict way.

Index Terms—Copyright, originality, derivative works, transformative, fanfiction.

Chenxuan Li is with University of Leeds, UK (e-mail:lcx_chenxuan@163.com).


Cite: Chenxuan Li, "Originality to Derivative Works: How to Use “Transformative” Rules to Judge Them," International Journal of Social Science and Humanity vol. 12, no. 4, pp. 303-309, 2022.

Copyright © 2022 by the authors. This is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited (CC BY 4.0).


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