Derivative Work - Example

Example

Since many films are based on novels or scripts they are classed as derivative works. In cases where the film's copyright has lapsed but the underlying work is still covered, the film cannot be freely distributed without the permission of the original author on whose work the film was based. For example, the 1912 George Bernard Shaw play Pygmalion was made into a film of the same name in 1938. The film's protection had lapsed and it was thus released into public domain, but that of the original play was retained. After a third party released prints of the film they were challenged by the copyright-holders of the play, with a court ruling that releasing the prints was a copyright infringement.

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