Legal

“a work 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. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a ‘derivative work’.” 17 U.S.C. §101.

A “derivative work” is a work 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. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work

English

Something created from a previous creation. A derivative work, though an original work, is not an original creation. It is based on something else. Typically, you need to have seen or understood the previous work to derive your new work from it. Whether you are modifying, updating, or relying on the foundation of the original work, you are creating a derivative work. Your work is derived from the original work.

The author of an original work is the only one who has the legal right to create a derivative work.  The primary indication of whether a new work is a derivative work of another is whether the actual work (e.g., source code, words, or artwork) was used, modified, translated or altered in any way to create the new product. So, a good indicator of whether you made an original work when you created your copyrightable work is whether you started from some other original work and made modifications, or if you started from scratch.

So, if you decide to create a new product that you believes will solve a problem in the market, start at the drawing board. Do not start from other original products and make changes. Create something new. If you create something new, even if it has some similarities, you will be okay when it comes to avoiding a claim for a derivative works.