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LSDefine
Simple English definitions for legal terms
based on
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A quick definition of based on:
Based on means something is created from an earlier work and is similar to it. This is not allowed if it copies too much of the original work. For example, if someone writes a book that is based on another book, they cannot copy too much of the original book. There are different types of work, like heavy work that involves lifting heavy things, or sedentary work that involves sitting down a lot. A work is something that someone creates, like a painting, a song, or a book. Some works can be protected by copyright, which means that no one else can copy or use them without permission.A more thorough explanation:
When a work is "based on" an earlier work, it is derived from and similar to that earlier work. However, to be considered based on an earlier work, the later work must have substantially similar expression, not just substantially similar ideas. This means that if a work is based on an earlier work, it infringes the copyright in the earlier work.
- A movie that is based on a book is an example of a work that is based on an earlier work. The movie may have different actors and settings, but it still tells the same story as the book.
- A song that samples a portion of another song is also an example of a work that is based on an earlier work. The new song may have different lyrics and a different melody, but it still uses a portion of the original song.
These examples illustrate how a work can be based on an earlier work by using similar expression or ideas.