A a derivative work might take the form of a play or

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a)A derivative work might take the form of a play or a movie, while a compilation might take the form of a literary anthology or a musical medley.2)The fixation and originality requirements apply to all works described by §§102(a) and 103(a); and the prohibition on copyrighting ideas, concepts, principles, and so on, imposed by §102(a), applies just as forcefully to derivative works and compilations as it does to the works listed in §102(a). 3)§102 works typically are what might be called “first generation” works, composed essentially (although not exclusively) of materials created by their authors. Derivative works and compilations fundamentally are “second generation” works based on preexisting matter.4)The matter borrowed by the author of the derivative work or compilation may be nothing more than facts. 5)So long as the author of a derivative work or compilation incorporates preexisting matter and satisfies both the fixation and originality requirements, the work qualifies for copyright protection under §103(a). 6)§103(b): the copyright in a compilation or derivative work extends only to the material contributed by the author of such work, as distinguished from the preexisting material employed in the work, and does not imply any exclusive right in the preexisting material. The copyright in such work is independent of, and does not affect or enlarge the scope, duration, ownership, or substance of, any copyright protection in the preexisting material. 7)§103 complements §102: a compilation or derivative work is copyrightable if it represents an original work of authorship and falls within one or more of the categories listed in §102.
8)Copyright 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. 9)Between the terms “compilations” and “derivative works,” which are defined in §101, comprehend every copyrightable works that employs preexisting material or data of any kind.a)A compilation results from a process of selecting, bringing together, organizing, and arranging previously existing material of all kinds, regardless of whether the individual items in the material have been or ever could have been subject to copyright.b)A derivative work requires a process of recasting, transforming, or adapting one or more preexisting works; the preexisting work must come within the general subject matter of copyright set forth in §102, regardless of whether it is or was every copyrighted. 10) In providing that protection does not extend to any part of the work in which such material has been used unlawfully, the bill prevents an infringer from benefiting, through copyright protection, from committing an unlawful act, but preserves protection for those parts of thework that do not employ the preexisting work.

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