Unfinished Creative Work - Unfinished Work and The Law

Unfinished Work and The Law

Unfinished work is often covered by the copyright laws of the country of origin. The United States have taken the step of creating a law which specifically mentions ongoing work, whereby work which is in progress but will in the future be completed can be covered by copyright. On 27 April 2005 the "Artist's Rights and Theft Prevention Act", a subpart of the Family Entertainment and Copyright Act, was signed into U.S. law. This act allows for organisations or individuals to apply for copyright protection on unfinished commercial products, such as software, films, and other visual or audible media. For example, a photographer can preregister a photograph by giving a written description of what the final piece (or collection thereof) will look like before the work is finished.

In copyright law, an artistic creation that includes major, basic copyrighted aspects of an original, previously created first work is known as a 'derivative work'. This holds for all kinds of work, including those that have never officially been published. The rights of the first work's originator must be granted to the secondary work for it to be rightfully called a 'derivative work'. If no copyright permission is granted from the originator, it is instead called a 'copy'. Upon completion of the new piece both parties hold a joint copyright status, with both having to agree to any publications. When the copyright has lapsed for the original work the second artist fully owns the copyright for their work, but cannot stop distribution of the original piece or another artist from completing the work in their own way. However, such copyrights can only be granted if the work shows significant new creative content.