Derivative work
By Gareth HoyleLast updated How we research
A derivative work is a new work based on one or more existing works, such as a translation or adaptation, which only the copyright owner may authorize.
A derivative work is a work based on one or more preexisting works. 17 USC 101 lists examples such as a translation, dramatization, abridgment or condensation, and "any other form in which a work may be recast, transformed, or adapted". Under 17 USC 106(2) only the copyright owner may prepare or authorize one.
Is a trained AI model a derivative work?
Whether a trained model is a derivative work of its training data is unsettled in US law. The Copyright Office's May 2025 report on generative AI training discusses when model weights could implicate the copyright owner's rights, especially where a model has memorized and can reproduce protected expression.
How do data licenses handle derived material?
Data licenses usually avoid the statutory question by defining derived assets directly: cleaned copies, annotations, embeddings, evaluation sets and trained weights. The license then states who owns each and whether it may be shared. Our licensing agreement checklist covers the clause, and the term sheet should name each derived asset.
UK law has no separate derivative work right. Adaptation is a restricted act under the Copyright, Designs and Patents Act 1988, and it applies mainly to literary, dramatic and musical works.