A derivative work can be defined as a work which is derived from an existing work. A derivative work could be the translation, alteration, or transformation of the original work. In the UAE, a derivative work can be protected as a copyright under the Federal Decree Law No. 38 of 2021. To qualify as a derivative work, the work must have a creative element and also not infringe upon the original work. A derivative work can be derived from one or more existing works, like the adaptation of a film from a book, musical arrangements, a rewritten version of an original research paper, etc.
Importance of derivative work for business in the UAE:
Derivative work has several important aspects, as it is capable of fostering creativity and innovation. Every work has a creative aspect that can be improved and transformed to obtain a better version, thus encouraging creativity. We can also refer to a derivative work, which is a work developed based on published ideas. Derivative works can create new products and also reach new markets, providing better business opportunities.
A derivative work can enhance the value of the original, which retains its significance as the source of inspiration. One of the significant things that should be considered in the case of derivative work is that it should be able to distinguish itself from the infringed work.
Derivative works can drive business growth, particularly in the IT sector. By making improvements to the existing software, companies can create new products with minimal development costs. Thus, you can cater for the developing marketing needs and therefore improve the revenue stream. You should obtain a license from the copyright owner before investing time and money in a work.
Copyright protection for Derivative works in the UAE:
To qualify as a derivative work in the UAE, the creation must include new, original, and creative modifications or additions to the existing work. Derivative work should have a significant change from that of the original work so that it won’t infringe upon the existing work. Some examples of derivative works include a play based on characters from a book, a painting inspired by a photograph, and so on. Therefore, businesses should ensure that their creative work qualifies as a derivative work.
A derivative work should have some aspects of a copyrighted work with original and innovative content that qualifies for copyright protection on its own. Additionally, creators should ensure that they obtain the consent of the original work’s owner before using the idea, as failure to do so could lead to infringement.
Copyright protection in a derivative work will only protect the changes made to the original work, meaning that the improvements or alterations made to the original work will only be protected. To create a derivative work, a business or an individual should obtain permission from the Copyright owner of the original work, unless the work is in the public domain. This requirement for the derivative work ensures that the rights of the original owner remain fully protected and unaffected.
Additionally, a derivative work inspired by a public domain work is eligible for copyright protection in the UAE only if it contains something new in the developed work. Suppose a copyrighted work is used without the permission of the copyright owner. In that case, copyright protection does not extend to any part of the derivative or adapted work that incorporates the original unlawfully. Such unauthorised adaptation may constitute copyright infringement, exposing the infringer to legal consequences under applicable intellectual property laws.
How can Jitendra Intellectual Property help you protect your derivative work in the UAE?
Individuals or businesses can be inspired by an original work and develop a new version. Innovators should have a good understanding of copyright law and the legal procedures for registering their work, including obtaining permission from the copyright owner. Creators should make sure that their work has the required improvements to be eligible for derivative work and thus should be able to avoid any legal consequences. Jitendra Intellectual Property can assist businesses and individuals in obtaining copyright protection for their derivative works. Our professionals will assist you with the registration process and help you secure your creative work in the UAE.
