Derivative work in the context of "Copyright law"

A creative work is a manifestation of creative effort in the world through a creative process involving one or more individuals. The term includes fine artwork (sculpture, paintings, drawing, sketching, performance art), dance, writing (literature), filmmaking, and musical composition. Creative works require a creative mindset and are not typically rendered in an arbitrary fashion, although works may demonstrate (i.e., have in common) a degree of arbitrariness, such that it is improbable that two people would independently create the same work.

At its base, creative work involves two main steps – having an idea, and then turning that idea into a substantive form or process. Typically, the creative process results in work that has some aesthetic value, identified as a creative expression. Naturally, this expression generally invokes external stimuli (e.g., influences and experiences) which a person draws on because they view the source as creative or inspirational; the degree to which this is reflected may be used in determinations of the derivativeness of the created work. Alternatively, the creator may draw on imagination, and their references may be clouded even to them, for the nature of imagination is as yet not fully understood philosophically, and the level of necessary self-examination of an artist's internal processing is a challenge for even those most self-aware of their minds and mental processes.

Originality is the aspect of created or invented works that distinguish them from reproductions, clones, forgeries, or substantially derivative works. The modern idea of originality is according to some scholars tied to Romanticism, by a notion that is often called romantic originality. The validity of "originality" as an operational concept has been questioned. For example, there is no clear boundary between "derivative" and "inspired by" or "in the tradition of."

The concept of originality is both culturally and historically contingent. For example, unattributed reiteration of a published text in one culture might be considered plagiarism but in another culture might be regarded as a convention of veneration. At the time of Shakespeare, it was more common to appreciate the similarity with an admired classical work, and Shakespeare himself avoided "unnecessary invention". It wasn't until the start of the 18th century that the concept of originality became an ideal in Western culture.

Fan fiction or fanfiction, also known as fan fic, fanfic, fic or FF, is fiction typically written in an amateur capacity by fans as a form of fan labor, unauthorized by, but based on, an existing work of fiction. The author uses copyrighted characters, settings, or other intellectual properties from the original creator(s) as a basis for their writing and can retain the original characters and settings, add their own, or both. Fan fiction ranges in length from a few sentences to novel-length and can be based on fictional and non-fictional media, including novels, movies, comics, television shows, musical groups, cartoons, anime and manga, and video games.

Fan fiction is rarely commissioned or authorized by the original work's creator or publisher or professionally published. It may infringe on the original author's copyright, depending on the jurisdiction and on legal questions, such as whether or not it qualifies as "fair use" (see Legal issues with fan fiction). The attitudes of authors and copyright owners of original works towards fan fiction have ranged from encouragement to indifference or disapproval, and they have occasionally responded with legal action.

The Pyramid of Capitalist System is a common name of a 1911 American cartoon caricature critical of capitalism, copied from a Russian flyer of c. 1901. The graphic focus is on stratification by social class and economic inequality. The work has been described as "famous", "well-known and widely reproduced". A number of derivative works exist.

It was published in 1911 by the Industrial Worker (The International Publishing Co., Cleveland, Ohio), a newspaper of the Industrial Workers of the World, and attributed to "Nedeljkovich, Brashich, & Kuharich".

A copyright is a type of intellectual property that gives its owner the exclusive legal right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States and fair dealing doctrine in the United Kingdom.

Some jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights normally include reproduction, control over derivative works, distribution, public performance, and moral rights such as attribution.

The canon of a work of fiction is "the body of works taking place in a particular fictional world that are widely considered to be official or authoritative; [especially] those created by the original author or developer of the world". Canon is contrasted with, or used as the basis for, works of fan fiction and other derivative works.

A spinoff or spin-off is any narrative work derived from an already existing work that focuses on different aspects from the original work.