What makes Derivative Works Copyrightable? Can a derivative work be registered? Can you claim fair use/fair dealing in these works?

  • What are derivative works?
  • Are Derivative Works Copyright Infringement?
  • And why are some derivative works entitled to much of the same protection as original works when it comes to copyrights?

Derivative works and their authors can benefit from the full protection of copyright without prejudicing the rights of the original work’s author.

However the puzzling concepts of derivative works, fair use, and transformation can cause a lot of confusion particularly around the degree of originality necessary for a derivative work to become copyrightable.


In this webinar we will be joined by legal expert Anna Skurczynska of Open Plan Law to discuss the importance of derivative works.

Anna will provide a practical understanding of derivative works. We will discuss:

  • Strategic considerations relating to derivative works.
  • Talk about the recent Warhol case which the U.S. Court of Appeals held were not fair use but infringed the copyrighted photograph on which they were based.
  • Consider why this area of law is of critical importance to rights holders.


Anna Skurczyńska, Founder Director, Open Plan Law

Anna Skurczynska has a broad practice across all areas of Intellectual Property (IP) but with a particular focus on digital copyright and data law. She advises clients from start-ups to multi-national corporations on exploitation and protection of intellectual property assets. In addition to her legal practice, Anna lectures on Media Law and Ethics at the University of the Arts.

LinkedIn profile

About Open Plan Law

Open Plan Law advises a wide range of clients in the technology, media, visual arts, fashion and retail sectors. We pride ourselves on our expertise in intellectual property, and we also offer broad commercial law advice through a partner network.

As our firm’s name suggests, we work with our clients in the spirit of collaboration. We invest into getting to know their businesses and combine top class client care with commercial pragmatism.

BAPLA members receive the first consultation free of charge, and a 10% discount on our fees.



Corky Balch - Chair

Corky is an independent Intellectual Property consultant, specialising in copyright licensing and third-party rights, with particular expertise around archive photo and film content, sports and music rights, and personality clearances.  He has over twenty-five years experience in the broadcast, commercial and corporate industries’ exploitation of copyright, from the point of view of both licensor and licensee. 

Corky is also a writer, development producer, and educator, and a keen photographer. 


When: Thursday 28 July

Time: 16:30-17:30 BST

Where: Zoom

Free to BAPLA members

Flexible fees for non-members