Adaptations of others’ works (e.g., translations, modifications, adaptations) gain independent protection under copyright law without prejudice to the rights to the ‘original work.’
What is an adaptation of a work?
Adaptation involves creative actions that transform the ‘original work’ in such a way that the result is a new work (subject to rights) that possesses the individual characteristics of the creator of the adaptation[1].
This means that it is possible to create adaptations of existing works, such as filming a novel, creating a TV series based on a movie, paraphrasing a literary work, mixes, or photo collages.
What part of the original work can be used?
It is not possible to determine, for example, in percentage terms, the share of the ‘original work’ in the adaptation. The most important thing is that the adaptation does not fully take over its predecessor.
Regarding the transformations that should occur in creating an adaptation, it is important to remember that quality is more significant than quantity or degree[2].
When is the creator’s permission required?
However, to distribute and use derivative rights, the permission of the creator of the ‘original work’ is required unless the economic copyright to the original work has expired. Additionally, on copies of the adaptation itself, the creator and title of the original work must be mentioned.
This means that the creator of the ‘original work’ must consent to the commercialization of their adaptation.
Once such consent is obtained, the creator of the adaptation has 5 years to disseminate it. If they fail to do so, the creator of the ‘original work’ has the right to revoke the previously granted permission while retaining any compensation paid.
When is permission not required for adaptation?
An adaptation is not considered a work that results from inspiration by someone else’s ‘work,’ nor does it apply to works created based on it: parodies, pastiches, and caricatures (note! within the scope justified by the rights of these types of creativity – more on this in the next article).
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