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Can a copyright owner claim ownership over derivative works created without their permission, or do they only have rights to the original work

A copyright owner does have ownership over derivative works created without their permission, as long as the derivative work is based on a preexisting work that is still under copyright. According to US copyright law, a derivative work is defined as a work that is based upon one or more preexisting works such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted.

The copyright in a derivative work only covers the additions, changes, or new material appearing for the first time in the work. It does not extend to any preexisting material that is previously published, in the public domain, or owned by a third party. Therefore, if a derivative work is created without the permission of the copyright owner of the original work, it could be considered copyright infringement.

However, it's important to note that the copyright in a derivative work is independent of and does not affect or enlarge the scope of the original copyright. This means that the copyright owner of the original work still retains their rights over the original work, even if a derivative work is created without their permission.

In summary, a copyright owner does have ownership over derivative works created without their permission, as long as the derivative work is based on a preexisting work that is still under copyright. However, the copyright in a derivative work only covers the new material added to the work and does not extend to any preexisting material.

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