Adobe Photoshop is a raster graphics editor developed and published by Adobe Inc. for macOS and Windows. It was created in 1988 by Thomas and John Knoll. Since this software has become the industry standard not only in raster graphics editing, but in digital art as a whole; the software's name has thus become a generic trademark, leading to its usage as a verb although Adobe discourages such use. Photoshop can edit and compose raster images in multiple layers and supports masks, alpha compositing, several color models including RGB, CMYK, CIELAB, spot color, duotone. Photoshop uses its own PSB file formats to support these features. In addition to raster graphics, this software has limited abilities to edit or render text and vector graphics, as well as 3D graphics and video, its feature set can be expanded by plug-ins. Photoshop's naming scheme was based on version numbers. However, in October 2002, each new version of Photoshop was designated with "CS" plus a number. Photoshop CS3 through CS6 were distributed in two different editions: Standard and Extended.
With the introduction of the Creative Cloud branding in June 2013, Photoshop's licensing scheme was changed to that of software as a service rental model. Photoshop was bundled with additional software such as Adobe ImageReady, Adobe Fireworks, Adobe Bridge, Adobe Device Central and Adobe Camera RAW. Alongside Photoshop, Adobe develops and publishes Photoshop Elements, Photoshop Lightroom, Photoshop Express, Photoshop Fix, Photoshop Sketch and Photoshop Mix. Adobe plans to launch a full-version of Photoshop for the iPad in 2019. Collectively, they are branded as "The Adobe Photoshop Family". Photoshop was developed in 1987 by brothers Thomas and John Knoll, who sold the distribution license to Adobe Systems Incorporated in 1988. Thomas Knoll, a Ph. D. student at the University of Michigan, began writing a program on his Macintosh Plus to display grayscale images on a monochrome display. This program caught the attention of his brother John, an Industrial Light & Magic employee, who recommended that Thomas turn it into a full-fledged image editing program.
Thomas took a six-month break from his studies in 1988 to collaborate with his brother on the program. Thomas renamed the program ImagePro, but the name was taken; that year, Thomas renamed his program Photoshop and worked out a short-term deal with scanner manufacturer Barneyscan to distribute copies of the program with a slide scanner. During this time, John traveled to Silicon Valley and gave a demonstration of the program to engineers at Apple and Russell Brown, art director at Adobe. Both showings were successful, Adobe decided to purchase the license to distribute in September 1988. While John worked on plug-ins in California, Thomas remained in Ann Arbor writing code. Photoshop 1.0 was released on February 1990 for Macintosh exclusively. The Barneyscan version included advanced color editing features that were stripped from the first Adobe shipped version; the handling of color improved with each release from Adobe and Photoshop became the industry standard in digital color editing. At the time Photoshop 1.0 was released, digital retouching on dedicated high-end systems cost around $300 an hour for basic photo retouching.
Photoshop files have default file extension as. PSD, which stands for "Photoshop Document." A PSD file stores an image with support for most imaging options available in Photoshop. These include layers with masks, text, alpha channels and spot colors, clipping paths, duotone settings; this is in contrast to many other file formats that restrict content to provide streamlined, predictable functionality. A PSD file has a maximum height and width of 30,000 pixels, a length limit of two gigabytes. Photoshop files sometimes have the file extension. PSB, which stands for "Photoshop Big". A PSB file extends the PSD file format, increasing the maximum height and width to 300,000 pixels and the length limit to around 4 Exabytes; the dimension limit was chosen arbitrarily by Adobe, not based on computer arithmetic constraints but for ease of software testing. PSD and PSB formats are documented; because of Photoshop's popularity, PSD files are used and supported to some extent by most competing software. The.
PSD file format can be exported to and from Adobe's other apps like Adobe Illustrator, Adobe Premiere Pro, After Effects. Photoshop functionality can be extended by add-on programs called Photoshop plugins. Adobe creates some plugins, such as Adobe Camera Raw, but third-party companies develop most plugins, according to Adobe's specifications; some are free and some are commercial software. Most plugins work with only Photoshop or Photoshop-compatible hosts, but a few can be run as standalone applications. There are various types of plugins, such as filter, import, color correction, automation; the most popular plugins are the filter plugins, available under the Filter menu in Photoshop. Filter plugins can either create content. Below are some popular types
Copyright is a legal right, existing in many countries, that grants the creator of an original work exclusive rights to determine whether, under what conditions, this original work may be used by others. This is only for a limited time. Copyright is one of two types of intellectual property rights, the other is industrial property rights; the exclusive rights are not absolute but limited by limitations and exceptions to copyright law, including fair use. A major limitation on copyright on ideas is that copyright protects only the original expression of ideas, not the underlying ideas themselves. Copyright is applicable to certain forms of creative work. Some, but not all jurisdictions require "fixing" copyrighted works in a tangible form, it is shared among multiple authors, each of whom holds a set of rights to use or license the work, who are referred to as rights holders. These rights include reproduction, control over derivative works, public performance, moral rights such as attribution. Copyrights can be granted by public law and are in that case considered "territorial rights".
This means that copyrights granted by the law of a certain state, do not extend beyond the territory of that specific jurisdiction. Copyrights of this type vary by country; the public law duration of a copyright expires 50 to 100 years after the creator dies, depending on the jurisdiction. Some countries require certain copyright formalities to establishing copyright, others recognize copyright in any completed work, without formal registration. Copyright is enforced as a civil matter, though some jurisdictions do apply criminal sanctions. Most jurisdictions recognize copyright limitations, allowing "fair" exceptions to the creator's exclusivity of copyright and giving users certain rights; the development of digital media and computer network technologies have prompted reinterpretation of these exceptions, introduced new difficulties in enforcing copyright, inspired additional challenges to the philosophical basis of copyright law. Businesses with great economic dependence upon copyright, such as those in the music business, have advocated the extension and expansion of copyright and sought additional legal and technological enforcement.
Copyright licenses can be granted by those deputized by the original claimant, private companies may request this as a condition of doing business with them. Services of internet platform providers like YouTube, GitHub, DropBox, WhatsApp or Twitter only can be used when users grant the platform provider beforehand the right to co-use all uploaded content, including all material exchanged per email, chat or cloud-storage; these copyrights only apply for the firm that operates such a platform, no matter in what jurisdiction the platform-services are being offered. Private companies in general do not recognize exceptions or give users more rights than the right to use the platform according certain rules. Copyright came about with wider literacy; as a legal concept, its origins in Britain were from a reaction to printers' monopolies at the beginning of the 18th century. The English Parliament was concerned about the unregulated copying of books and passed the Licensing of the Press Act 1662, which established a register of licensed books and required a copy to be deposited with the Stationers' Company continuing the licensing of material that had long been in effect.
Copyright laws allow products of creative human activities, such as literary and artistic production, to be preferentially exploited and thus incentivized. Different cultural attitudes, social organizations, economic models and legal frameworks are seen to account for why copyright emerged in Europe and not, for example, in Asia. In the Middle Ages in Europe, there was a lack of any concept of literary property due to the general relations of production, the specific organization of literary production and the role of culture in society; the latter refers to the tendency of oral societies, such as that of Europe in the medieval period, to view knowledge as the product and expression of the collective, rather than to see it as individual property. However, with copyright laws, intellectual production comes to be seen as a product of an individual, with attendant rights; the most significant point is that patent and copyright laws support the expansion of the range of creative human activities that can be commodified.
This parallels the ways in which capitalism led to the commodification of many aspects of social life that earlier had no monetary or economic value per se. Copyright has grown from a legal concept regulating copying rights in the publishing of books and maps to one with a significant effect on nearly every modern industry, covering such items as sound recordings, photographs and architectural works. Seen as the first real copyright law, the 1709 British Statute of Anne gave the publishers rights for a fixed period, after which the copyright expired; the act alluded to individual rights of the artist. It began, "Whereas Printers and other Persons, have of late taken the Liberty of Printing... Books, other Writings, without the Consent of the Authors... to their great Detriment, too to the Ruin of them and their Families:". A right to benefit financially from the work is articulated, court rulings and legislation have recognized a right to control the work, such as ensuring that the integrity of it is preserved.
Microsoft Corporation is an American multinational technology company with headquarters in Redmond, Washington. It develops, licenses and sells computer software, consumer electronics, personal computers, related services, its best known software products are the Microsoft Windows line of operating systems, the Microsoft Office suite, the Internet Explorer and Edge web browsers. Its flagship hardware products are the Xbox video game consoles and the Microsoft Surface lineup of touchscreen personal computers; as of 2016, it is the world's largest software maker by revenue, one of the world's most valuable companies. The word "Microsoft" is a portmanteau of "microcomputer" and "software". Microsoft is ranked No. 30 in the 2018 Fortune 500 rankings of the largest United States corporations by total revenue. Microsoft was founded by Bill Gates and Paul Allen on April 4, 1975, to develop and sell BASIC interpreters for the Altair 8800, it rose to dominate the personal computer operating system market with MS-DOS in the mid-1980s, followed by Microsoft Windows.
The company's 1986 initial public offering, subsequent rise in its share price, created three billionaires and an estimated 12,000 millionaires among Microsoft employees. Since the 1990s, it has diversified from the operating system market and has made a number of corporate acquisitions, their largest being the acquisition of LinkedIn for $26.2 billion in December 2016, followed by their acquisition of Skype Technologies for $8.5 billion in May 2011. As of 2015, Microsoft is market-dominant in the IBM PC-compatible operating system market and the office software suite market, although it has lost the majority of the overall operating system market to Android; the company produces a wide range of other consumer and enterprise software for desktops and servers, including Internet search, the digital services market, mixed reality, cloud computing and software development. Steve Ballmer replaced Gates as CEO in 2000, envisioned a "devices and services" strategy; this began with the acquisition of Danger Inc. in 2008, entering the personal computer production market for the first time in June 2012 with the launch of the Microsoft Surface line of tablet computers.
Since Satya Nadella took over as CEO in 2014, the company has scaled back on hardware and has instead focused on cloud computing, a move that helped the company's shares reach its highest value since December 1999. In 2018, Microsoft surpassed Apple as the most valuable publicly traded company in the world after being dethroned by the tech giant in 2010. Childhood friends Bill Gates and Paul Allen sought to make a business utilizing their shared skills in computer programming. In 1972 they founded their first company, named Traf-O-Data, which sold a rudimentary computer to track and analyze automobile traffic data. While Gates enrolled at Harvard, Allen pursued a degree in computer science at Washington State University, though he dropped out of school to work at Honeywell; the January 1975 issue of Popular Electronics featured Micro Instrumentation and Telemetry Systems's Altair 8800 microcomputer, which inspired Allen to suggest that they could program a BASIC interpreter for the device. After a call from Gates claiming to have a working interpreter, MITS requested a demonstration.
Since they didn't yet have one, Allen worked on a simulator for the Altair while Gates developed the interpreter. Although they developed the interpreter on a simulator and not the actual device, it worked flawlessly when they demonstrated the interpreter to MITS in Albuquerque, New Mexico. MITS agreed to distribute it, marketing it as Altair BASIC. Gates and Allen established Microsoft on April 4, 1975, with Gates as the CEO; the original name of "Micro-Soft" was suggested by Allen. In August 1977 the company formed an agreement with ASCII Magazine in Japan, resulting in its first international office, "ASCII Microsoft". Microsoft moved to a new home in Bellevue, Washington in January 1979. Microsoft entered the operating system business in 1980 with its own version of Unix, called Xenix. However, it was MS-DOS. After negotiations with Digital Research failed, IBM awarded a contract to Microsoft in November 1980 to provide a version of the CP/M OS, set to be used in the upcoming IBM Personal Computer.
For this deal, Microsoft purchased a CP/M clone called 86-DOS from Seattle Computer Products, which it branded as MS-DOS, though IBM rebranded it to PC DOS. Following the release of the IBM PC in August 1981, Microsoft retained ownership of MS-DOS. Since IBM had copyrighted the IBM PC BIOS, other companies had to reverse engineer it in order for non-IBM hardware to run as IBM PC compatibles, but no such restriction applied to the operating systems. Due to various factors, such as MS-DOS's available software selection, Microsoft became the leading PC operating systems vendor; the company expanded into new markets with the release of the Microsoft Mouse in 1983, as well as with a publishing division named Microsoft Press. Paul Allen resigned from Microsoft in 1983 after developing Hodgkin's disease. Allen claimed that Gates wanted to dilute his share in the company when he was diagnosed with Hodgkin's disease because he didn't think he was working hard enough. After leaving Microsoft, Allen lost billions of dollars on ill-conceived or mistimed technology investments.
He invested in low-tech sectors, sports teams, commercial real estate. Despite having begun jointly developing a new operating system, OS/2, with IBM in
Copyright, Designs and Patents Act 1988
The Copyright and Patents Act 1988 known as the CDPA, is an Act of the Parliament of the United Kingdom that received Royal Assent on 15 November 1988. It reformulates completely the statutory basis of copyright law in the United Kingdom, which had, until been governed by the Copyright Act 1956, it creates an unregistered design right, contains a number of modifications to the law of the United Kingdom on Registered Designs and patents. The 1988 Act and amendment establishes that copyright in most works lasts until 70 years after the death of the creator if known, otherwise 70 years after the work was created or published. In order for a creation to be protected by copyright it must fall within one of the following categories of work: literary work, dramatic work, musical work, artistic work, sound recordings and typographical arrangement of published editions. Part 1 of the Act "restates and amends" the statutory basis for United Kingdom copyright law, although the Copyright Acts of 1911 and 1956 continue to have some effect in limited circumstances under ss. 170 & 171 and Schedule 1.
It brings United Kingdom law into line with the Berne Convention for the Protection of Literary and Artistic Works, which the UK signed more than one hundred years and allowed the ratification of the Paris Act of 1971. Part I of the Act extends to the whole of the United Kingdom. Works originating in the Isle of Man or the following former dependent territories qualify for copyright under the Act: Antigua, Gambia, Guyana, Kiribati, Lesotho, St. Christopher-Nevis, St. Lucia and Tuvalu. All other countries of origin whose works qualified for United Kingdom copyright under the UK Copyright Act 1911 known as the Imperial Copyright Act of 1911, or the 1956 Acts continue to qualify under this Act; the Act simplifies the different categories of work which are protected by copyright, eliminating the specific treatment of engravings and photographs. Literary and musical works: these must be recorded in writing or otherwise to be granted copyright, copyright subsists from the date at which recording takes place artistic works: includes buildings, photographs and works of artistic craftsmanship.
Sound recordings and films broadcasts: a broadcast is a transmission by wireless telegraphy, intended for, capable of reception by, members of the public. Published editions means the published edition of the whole or part of one or more literary, dramatic or musical works; the following works are exempted from copyright by the transitional provisions of Schedule 1: artistic works made before 1 June 1957 which constituted a design which could be registered under the Registered Designs Act 1949 c. 88 and, used as a model for reproduction by an industrial process. The Act as it received Royal Assent does not change the qualification requirements of the author or the country of origin of the work, which are restated as ss. 153–156: these have since been modified, in particular by the Duration of Copyright and Related Rights Regulations 1995 No. 3297. Part II of the Act creates a series of performers' rights in application of the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations of 1961.
These rights are retrospective in respect of performances before commencement on 1 August 1989. These rights have been extended by the transposition of European Union directives and by the application of the WIPO Performances and Phonograms Treaty: the section below describes only the rights which were created by the Copyright and Patents Act 1988 itself. A performer has the exclusive right to authorise the recording and/or broadcast of his performances; the use or broadcast of recordings without the performer's consent and the import or distribution of illicit recordings are infringements of the performer's rights. A person having an exclusive recording contract over one or more performances of an artist holds equivalent rights to the performer himself. Schedule 2 lists the permitted acts in relation to these rights. Rights in performances last for fifty years from the end of the year in which the performance was given, they may not be assigned or transferred, pass to the performer's executors on death.
An infringement of rights in performances is actionable under the tort of breach of statutory duty. Orders are available for the delivery up and disposal of infringing copies: holders in rights in performances may seize such copies; the making, dealing in or use of infringing copies is a criminal offense, as is the false representation of authority to give consent. The provisions on duration have been modified by the Duration of Copyright and Related Rights Regulations 1995 No. 3297. The provisions of the 1988 Act as it received. All periods of copyright run until the end of the calendar year in which they would otherwise expire; the duration of c
Paramount Pictures Corporation is an American film studio based in Hollywood, a subsidiary of the American media conglomerate Viacom since 1994. Paramount is the fifth oldest surviving film studio in the world, the second oldest in the United States, the sole member of the "Big Five" film studios still located in the Los Angeles neighborhood of Hollywood. In 1916, film producer Adolph Zukor put 22 actors and actresses under contract and honored each with a star on the logo. In 2014, Paramount Pictures became the first major Hollywood studio to distribute all of its films in digital form only; the company's headquarters and studios are located at 5555 Melrose Avenue, California, United States. Paramount Pictures is a member of the Motion Picture Association of America. Paramount is the fifth oldest surviving film studio in the world after the French studios Gaumont Film Company and Pathé, followed by the Nordisk Film company, Universal Studios, it is the last major film studio still headquartered in the Hollywood district of Los Angeles.
Paramount Pictures dates its existence from the 1912 founding date of the Famous Players Film Company. Hungarian-born founder Adolph Zukor, an early investor in nickelodeons, saw that movies appealed to working-class immigrants. With partners Daniel Frohman and Charles Frohman he planned to offer feature-length films that would appeal to the middle class by featuring the leading theatrical players of the time. By mid-1913, Famous Players had completed five films, Zukor was on his way to success, its first film was Les Amours de la reine Élisabeth. That same year, another aspiring producer, Jesse L. Lasky, opened his Lasky Feature Play Company with money borrowed from his brother-in-law, Samuel Goldfish known as Samuel Goldwyn; the Lasky company hired as their first employee a stage director with no film experience, Cecil B. DeMille, who would find a suitable site in Hollywood, near Los Angeles, for his first feature film, The Squaw Man. Starting in 1914, both Lasky and Famous Players released their films through a start-up company, Paramount Pictures Corporation, organized early that year by a Utah theatre owner, W. W. Hodkinson, who had bought and merged several smaller firms.
Hodkinson and actor, producer Hobart Bosworth had started production of a series of Jack London movies. Paramount was the first successful nationwide distributor. Famous Players and Lasky were owned while Paramount was a corporation. In 1916, Zukor maneuvered a three-way merger of his Famous Players, the Lasky Company, Paramount. Zukor and Lasky bought Hodkinson out of Paramount, merged the three companies into one; the new company Lasky and Zukor founded, Famous Players-Lasky Corporation, grew with Lasky and his partners Goldwyn and DeMille running the production side, Hiram Abrams in charge of distribution, Zukor making great plans. With only the exhibitor-owned First National as a rival, Famous Players-Lasky and its "Paramount Pictures" soon dominated the business; because Zukor believed in stars, he signed and developed many of the leading early stars, including Mary Pickford, Marguerite Clark, Pauline Frederick, Douglas Fairbanks, Gloria Swanson, Rudolph Valentino, Wallace Reid. With so many important players, Paramount was able to introduce "block booking", which meant that an exhibitor who wanted a particular star's films had to buy a year's worth of other Paramount productions.
It was this system that gave Paramount a leading position in the 1920s and 1930s, but which led the government to pursue it on antitrust grounds for more than twenty years. The driving force behind Paramount's rise was Zukor. Through the teens and twenties, he built the Publix Theatres Corporation, a chain of nearly 2,000 screens, ran two production studios, became an early investor in radio, taking a 50% interest in the new Columbia Broadcasting System in 1928. In 1926, Zukor hired independent producer B. P. Schulberg, an unerring eye for new talent, to run the new West Coast operations, they purchased the Robert Brunton Studios, a 26-acre facility at 5451 Marathon Street for US$1 million. In 1927, Famous Players-Lasky took the name Paramount Famous Lasky Corporation. Three years because of the importance of the Publix Theatres, it became Paramount Publix Corporation. In 1928, Paramount began releasing Inkwell Imps, animated cartoons produced by Max and Dave Fleischer's Fleischer Studios in New York City.
The Fleischers, veterans in the animation industry, were among the few animation producers capable of challenging the prominence of Walt Disney. The Paramount newsreel series Paramount News ran from 1927 to 1957. Paramount was one of the first Hollywood studios to release what were known at that time as "talkies", in 1929, released their first musical, Innocents of Paris. Richard A. Whiting and Leo Robin composed the score for the film. By acquiring the successful Balaban & Katz chain in 1926, Zukor gained the services of Barney Balaban, his brother A. J. Balaban, their partner Sam Katz (who would run the Paramount-Publix theatre chain in New York City from the thirty-five-stor
Copyright law of the United States
The copyright law of the United States is intended to encourage the creation of art and culture by rewarding authors and artists with a set of exclusive rights. Copyright law grants authors and artists the exclusive right to make and sell copies of their works, the right to create derivative works, the right to perform or display their works publicly; these exclusive rights are subject to a time limit, expire 70 years after the author's death. In the United States, any music composed before January 1, 1923, is considered public domain. United States copyright law was last revised by the Copyright Act of 1976, codified in Title 17 of the United States Code; the United States Constitution explicitly grants Congress the power to create copyright law under Article 1, Section 8, Clause 8, known as the Copyright Clause. Under the Copyright Clause, Congress has the power, "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."The United States Copyright Office handles copyright registration, recording of copyright transfers, other administrative aspects of copyright law.
US copyright law traces its lineage back to the British Statute of Anne, which influenced the first US federal copyright law, the Copyright Act of 1790. The length of copyright established by the Founding Fathers was short, 14 years, plus the ability to renew it one time, for 14 more. 50 years it was changed to 28 years. It was not until a full 180 years after its establishment that it was extended beyond that, in Copyright Act of 1976 to "Either 75 years or the life of the author plus 50 years". and the Sonny Bono Copyright Term Extension Act of 1998, which increased it more, to 120 years, or the life of the author plus 70 years. The goal of copyright law, as set forth in the Copyright Clause of the US Constitution, is "to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." This includes incentivizing the creation of art, architecture and other works of authorship. As with many legal doctrines, the effectiveness of copyright law in achieving its stated purpose is a matter of debate.
The United States copyright law protects "original works of authorship," fixed in a tangible medium including literary, musical and other intellectual works. This protection is available to both unpublished works. Copyright law includes the following types of works: Literary Musical Dramatic Pantomimes and choreographic works Pictorial and sculptural works Audio-visual works Sound recordings Derivative works Compilations Architectural works Copyright law protects the "expression" of an idea, but copyright does not protect the "idea" itself; this distinction is called the idea–expression dichotomy. The distinction between "idea" and "expression" is fundamental to copyright law. From the Copyright Act of 1976: In no case does copyright protection for an original work of authorship extend to any idea, process, method of operation, principle, or discovery, regardless of the form in which it is described, illustrated, or embodied in such work. For example, a paper describing a political theory is copyrightable.
The paper is the expression of the author's ideas about the political theory. But the theory itself is just an idea, is not copyrightable. Another author is free to describe the same theory in their own words without infringing on the original author's copyright. Although fundamental, the idea–expression dichotomy is difficult to put into practice. Reasonable people can disagree about where the unprotectable "idea" ends and the protectable "expression" begins; as Judge Learned Hand put it, "Obviously, no principle can be stated as to when an imitator has gone beyond copying the'idea,' and has borrowed its'expression.' Decisions must therefore be ad hoc." Mere facts are not copyrightable. However, compilations of facts are treated differently, may be copyrightable material; the Copyright Act, § 103, allows copyright protection for "compilations", as long as there is some "creative" or "original" act involved in developing the compilation, such as in the selection, arrangement. Copyright protection in compilations is limited to the selection and arrangement of facts, not to the facts themselves.
The Supreme Court decision in Feist Publications, Inc. v. Rural Telephone Service Co. clarified the requirements for copyright in compilations. The Feist case denied copyright protection to a "white pages" phone book. In making this ruling, the Supreme Court rejected the "sweat of the brow" doctrine; that is, copyright protection requires creativity, no amount of hard work can transform a non-creative list into copyrightable subject matter. A mechanical, non-selective collection of facts cannot be protected by copyright. Copyright protects artistic expression. Copyright does not protect objects with some useful functionality; the Copyright Act states: A “useful article” is an article having an intrinsic utilitarian function, not to portray the appearance of the article or to convey information. An article, a part of a useful article is c
In copyright law, a derivative work is an expressive creation that includes major copyright-protected elements of an original created first work. The derivative work becomes a separate work independent in form from the first; the transformation, modification or adaptation of the work must be substantial and bear its author's personality sufficiently to be original and thus protected by copyright. Translations, cinematic adaptations and musical arrangements are common types of derivative works. Most countries' legal systems seek to protect both derivative works, they grant authors the right to impede or otherwise control their integrity and the author's commercial interests. Derivative works and their authors benefit in turn from the full protection of copyright without prejudicing the rights of the original work's author; the Berne Convention for the Protection of Literary and Artistic Works, an international copyright treaty, stipulates that derivative works shall be protected although it does not use the term, namely that "Translations, arrangements of music and other alterations of a literary or artistic work shall be protected as original works without prejudice to the copyright in the original work".
An extensive definition of the term is given by the United States Copyright Act in 17 U. S. C. § 101: A “derivative work” is a work based upon one or more preexisting works, such as a translation, musical arrangement, fictionalization, motion picture version, sound recording, art reproduction, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a “derivative work”. 17 U. S. C. § 103 provides: The copyright in a compilation or derivative work extends only to the material contributed by the author of such work, as distinguished from the preexisting material employed in the work, does not imply any exclusive right in the preexisting material. The copyright in such work is independent of, does not affect or enlarge the scope, ownership, or subsistence of, any copyright protection in the preexisting material. 17 U. S. C. § 106 provides: Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following: to reproduce the copyrighted work in copies....
US Copyright Office Circular 14: Derivative Works notes that: A typical example of a derivative work received for registration in the Copyright Office is one, a new work but incorporates some published material. This published material makes the work a derivative work under the copyright law. To be copyrightable, a derivative work must be different enough from the original to be regarded as a "new work" or must contain a substantial amount of new material. Making minor changes or additions of little substance to a preexisting work will not qualify the work as a new version for copyright purposes; the new material must be copyrightable in itself. Titles, short phrases, format, for example, are not copyrightable; the statutory definition is incomplete and the concept of derivative work must be understood with reference to explanatory case law. Three major copyright law issues arise concerning derivative works: what acts are sufficient to cause a copyright-protected derivative work to come into existence.
French law prefers the term "œuvre composite" although the term'"œuvre dérivée" is sometimes used. It is defined in article L 113-2, paragraph 2 of the Intellectual Property Code as "new works into which pre-existing work, without the collaboration of its author"; the Court of Cassation has interpreted this statue as requiring two distinct inputs at different points in time. The Court of Justice of the European Union in 2010 decided on a matter of derivative works in Systran v. European Commission. However, it was overturned in 2013 based on the conclusion that the case did not fall within the General Court's jurisdiction, after concluding that the dispute had been of a contractual nature, instead of a non-contractual one. For copyright protection to attach to a allegedly derivative work, it must display some originality of its own, it can not be a uncreative variation on the earlier, underlying work. The latter work must contain sufficient new expression and above that embodied in the earlier work for the latter work to satisfy copyright law's requirement of originality.
Although serious emphasis on originality, at least so designated, began with the Supreme Court's 1991 decision in Feist v. Rural, some pre-Feist lower court decisions addressed this requirement in relation to derivative works. In Durham Industries, Inc. v. Tomy Corp. and earlier in L. Batlin & Son, Inc. v. Snyder; the Second Circuit held that a derivative work must be original relative to the underlying work on which it is based. Otherwise, it cannot enjoy copyright protection and copying it will not infringe any copyright of the derivative work itself (although copying it may infringe the copyright, if any, of the underlying work on which the derivative work was based