Modification of a work 

Modifying a work, for example, through translation or adaptation, requires the permission of the original creator. The creator has the exclusive right to decide whether their work can be translated or adapted into another literary or artistic form or altered in another way. 

A work created by modifying another work is called a derivative work, and the rights to this derivative work belong to the person who created the adaptation, for instance the translator. However, the creator of the derivative work needs permission from the creator of the original work, and this will generally be in the form of a licence stating what the parameters of that permission are. For example, which language the translation can be in or whether there is a time limitation on completing a translation.  

The work must not be altered or made available to the public in a way that violates the original creator’s moral rights – that is, a way that damages the literary or artistic value of the work, or the integrity or reputation of the creator. 

Licences for translations and adaptations: Generally it is necessary to obtain a licence to translate or adapt a work or part of a work that is protected by copyright. Such a licence will set out the permitted use(s) and conditions and in the case of a published work will more usually be agreed with the publisher or the creator’s agent depending on who holds the particular rights in question. One type of licence for copying increasingly used in the world of research is the Creative Commons licence which has a number of variants and is used to assert the creator’s moral rights while making their work freely available. 

Parody 

A published work may be used without permission under a copyright exception in parody, caricature, and pastiche. Parody refers to an existing work but diverges from it in a way that can be easily identified – for example, through humour or satire. A caricature, on the other hand, is a humorous picture or description of a person in which certain features or functions of the subject are exaggerated or simplified (e.g., a political cartoon taking a stance on current issues). A pastiche is an artistic work in a style that imitates the work of a well-known artist, but adds new elements to it.  

In all cases it must be clear the work is not, and cannot be, attributed to the creator of the original. 

Discriminatory or otherwise offensive parodies, caricatures, or pastiches are not allowed by law. 

Permitted parody uses the original work for a different purpose from the original and in a different context. A parody can be a satirical, exaggerated, or comical imitation of someone else’s work.  

If it is a parody allowed by copyright law, i.e., the use of a work in accordance with good practice, permission from the creator is not required. 

[CRRA Sec. 52]