Derivative works: some comparative remarks from the European copyright law

Abstract

Derivative works form an important part of copyright-related markets. At the same time, due to their specific legal nature and relationship with the preexisting work their protection and exploitation pose complex legal issues on the copyright law. The article aims to analyse the solutions found in the relevant international, regional and national copyright law sources in Europe towards the main issues of the protection and exploitation of derivative works, i.e. the concept of a derivative work and the control the authors of pre-existing works can exercise in respect of the creation and exploitation of derivative works.