Abstract：In copyright acts of many countries,illegal derivative work can not be protected because such a kind of work infringes the author’s derivative rights.Even this work is original and its creator won’t be the owner of copyrights.The theory for not protecting illegal derivative work is not only bad to the original author,but also unfair to the subsequent author,which is the performance of protecting the original author’s derivative rights excessively.Derivative rights is different from copyright of derivative work,and the original author’s authorization isn’t the qualification for the work to be protected.To encourage the creation of derivative work and promote the prosperity of culture,copyright act should protect illegal derivative work,granting the copyright of such work to the original author and the subsequent author.
2012, Vol. 43 
