Any work that is based on or uses elements from a pre-existing work. This can be a translation, dramatization, fictionalization, art reproduction, abridged or condensed version, or any other transformation or adaptation of an existing work. (For example, Kanye West’s “Stronger,” which samples Daft Punk’s “Harder, Better, Faster, Stronger,” is considered to be a derivative work because it uses elements from a pre-existing song.) Under U.S. copyright law, the only person who can grant the rights for a derivative work to be created is the holder of the copyright for the original work.
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