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CREA TIVEFIRST COPYRIGHT 101

The Indian Copyright Act does not de ne derivative work. A derivative work is
a work based on or derived from one or more already existing works. Under the
Indian Copyright Act, the term used is ‘Adaptation’ which involves the
preparation of a new work in the same or different form based upon an already
existing work and forms a part of the bundle of rights vesting with an author or
owner under the Copyright Act. The Copyright Act de nes the following acts
as adaptations:

(i) Conversion of a dramatic work into a non-dramatic work – e.g., Hamlet
into Haider;

(ii) Conversion of a literary or artistic work into a dramatic work - e.g.,
dramatization, such as stage play based on a book;

(iii) Re-arrangement of a literary or dramatic work- e.g., selection and
compilation of quotations;

(iv) Depiction in a comic form or through pictures of a literary or dramatic
work- e.g., comic book with images based on a script/novel;

(v) Transcription of a musical work -e.g., notations

(vi) Any act involving re-arrangement or alteration of an existing work-e.g.
adding new lyrics to existing lyrics of a song.

Illustration: If you have written a script for a feature lm, the following could be
derivative works of your script : Prequel, sequel, remake, web-series, television
production, animation, novel, comic book, etc.

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