Derivative Works and the Rights of their Authors: A Comparative Study

Abstract

This article examines the legal status of derivative works and the rights of their authors through a comparative analysis of selected civil-law and common-law copyright systems, with particular attention to Algerian legislation and the Berne Convention. It first clarifies the concept of a derivative work and distinguishes derivative works from joint and collective works by focusing on three core requirements: incorporation of a pre-existing work, absence of direct collaboration by the original author in creating the new work, and originality in the derivative author’s contribution. The study then considers the principal forms of derivative creation, including compilations, adaptations, summaries, transformations, and translations. It further analyses the moral and economic rights of derivative authors and the limits arising from the continuing rights of original authors, particularly the requirements of prior authorization, respect for integrity and attribution, and compliance with agreed modes of exploitation. The article concludes that, although domestic legislation and international instruments recognize substantial protection for derivative authors, important regulatory gaps remain in relation to conflicts between the exploitation rights of original and derivative authors. Clearer rules are therefore needed to govern overlapping moral and economic interests while preserving an appropriate balance between creative transformation and the protection of pre-existing works.