Legal Regime for the Use of Derivative Works

Internet services that allow users to quickly and easily create derivative works without using third-party software are now very popular. For example, TikTok, launched in the summer of 2018, by March 2020 is the most downloaded mobile application, has about 800 million active users per month, 83% from which they create their own videos, including borrowing audio and video content. In legislation and doctrine, the interpretation of a derivative work proceeds from a listing of particular cases of classical derivative works (translation, arrangement, adaptation, and so on), usually based on only one original work, and without identifying common features for a given copyright object. The use of a derivative work implies the consent of the authors of the works on the basis of which it was created. It is not clear from current approaches to determining the content of the adaptation right whether it implies this consent. This work is a comprehensive study of approaches to the definition of a derivative work and the content of the adaptation right, as well as mechanisms to ensure the rights of authors of both original and derivative works while the creation and use of the latter. The first chapter of the study reveals the concept of a derivative work by defining objective and subjective signs of processing, as well as comparisons with similar works and methods of use. The second chapter proposes mechanisms to ensure the rights of authors of original and derivative works, as well as the rights of third parties when using derivative works.