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Can derivative works be copyrighted in India?

25-Mar-2025
Trademark & Copyright

Answer By law4u team

Yes, derivative works can be copyrighted in India under the Copyright Act, 1957. However, the copyright protection of a derivative work depends on whether it has originality and proper authorization from the owner of the original work. What is a Derivative Work? A derivative work is a new work based on a pre-existing copyrighted work. Examples include: Translations (e.g., translating an English book into Hindi) Adaptations (e.g., making a movie based on a novel) Summaries or abridgments Modifications, compilations, and remixing of content Conditions for Copyright Protection of Derivative Works Originality Requirement The derivative work must have some creative input beyond mere copying. Simple modifications or reproductions without creativity cannot be copyrighted. Permission from the Original Copyright Holder If the original work is still under copyright protection, written permission from the copyright owner is required. Unauthorized use of copyrighted material in a derivative work can lead to copyright infringement. Independent Copyright A properly authorized and original derivative work gets separate copyright protection. However, it does not affect the rights of the original work’s copyright owner. When is Permission Not Required? If the original work is in the public domain (copyright has expired). If the use falls under fair use/fair dealing (e.g., research, criticism, review). Example Scenarios A filmmaker adapts a novel into a movie with the author’s permission – Can be copyrighted. A person translates a copyrighted book without the author’s consent – Cannot be copyrighted and may be infringement.

Answer By Anik

Dear Client, Yes, derivative works can be copyrighted in India, but only under certain legal conditions. Under the Copyright Act, 1957, a derivative work is one which is based on or derived from another already existing literary, dramatic, and musical work. This derivative work can be a translation, adaptation, dramatization, arrangement, remix, or edited version (Section 2(o) and 2(a)). However, for such a work to get copyright protection, there must be a sufficient degree of original skill and creativity on the part of whoever is creating it. If the original work is still under copyright, it is necessary that you obtain permission or a license from the owner of the original work before you create the derivative work. If you fail to get permission, it may count as copyright infringement under Section 51 of the Act, despite you having made any creative changes to the original work. If the original work is already in the public domain (copyright expired), then you are free to use the original work to create your own derivative work and even get it copyrighted without seeking the permission of the original owner. I hope this answer helps. For any further queries, please do not hesitate to contact us. Thank you.

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