In the context of copyright, a derivative work (sometimes called a transformative work) is a new work created based on a previously existing one, in which creativity is embodied that transforms the original into something new.

📘 Definition (according to Ukrainian and international law):

A derivative work is a work that is the result of adaptation, translation, arrangement, screen adaptation, dramatization, remix, or other creative reworking of an already existing work.

📌 Examples of derivative works:

• 📖 Translation of a novel from French to Ukrainian

• 🎬 Screen adaptation of a book into a film

• 🎼 Arrangement of classical music in jazz style

• 🎨 Remix of a song or mashup

• 🖍️ Comic book created based on a feature film

⚖️ Legal conditions:

1.A derivative work is also protected by copyright, but:

2.Its creation requires permission from the copyright holder of the original work, if the original is not in the public domain.

3.Copyright to the original remains — that is, the author of the derivative work cannot use the work independently without permission from the rights holder of the original.

🧠 What is transformativeness?

In the USA and some other jurisdictions, especially when analyzing fair use cases, the concept of transformativeness is considered:

If a new work provides new meaning, purpose, or expression, it may be considered transformative, even without permission (for example, parody or satire).

But in most countries, including Ukraine and the EU, permission from the rights holder is still required, even if the work is transformative, except for narrow cases defined by law.

🛑 Important:

Derivative ≠ plagiarism, if there is permission and creative contribution.

But without permission — it is a copyright infringement.