On Derivative Right

The derivative right is one of basic economic rights of copyright. Thispaper tries to discuss the derivative right’s meaning, origin, content,specific rights contained in derivative right. The research method includestheory analysis, interpretation of legal texts, case analysis and comparisonof legislation. The aim of this paper is to illustrate the right application oflegal provisions and make legislative recommendations of derivative right.The paper is divided into four parts:First chapter is a discussion on derivative right in general. Firstly, wewill introduce the meaning of “derivative” and “derivative right”, dividingderivative behavior into two basic types. Second ly, we will illustrate thatderivative right’s origin was the separation between pre-existing works andderivative works and their different authors. Thirdly, we conclude thatderivative right should contain not only making derivative works but alsousing derivative work.Second chapter is about the relation between derivative right and othercopyrights. Firstly, we will compare derivative right and right ofreproduction, right of alteration and right of integrity on content and onfeatures. Secondly, we will analysis the relation between derivative rightand derivative work’s copyright from a perspective of object, exercise andprofit.Third chapter is study on specific rights contained in derivative right,include: right of cinematography, right of adaptation and right of translation. We will illustrate these three rights’ meaning and application by cases andprovisions analysis. We will also discuss the difference on content andfeatures between right of compilation and other derivative rights.In the fourth chapter, we will analysis the legislative defects of theexisting legislation. On the one hand, a definition of “derivative right” ingeneral may be necessary. On the other hand, the provisions of right ofcinematography, right of adaptation and right of compilation should beimproved.