"Derivative works" are a special group of protected works. The term is somewhat confusing because it gives the impression that an original work is being re-used. However, this is not the case. Pursuant to Art. 3 para. 2 CopA, derivative works are "intellectual creations with an individual character that are based upon pre-existing works, whereby the individual character of the latter remains identifiable". Simply said, a derivative work basically exists when an existing work is edited or changed. One of the best and most well-known examples is Andy Warhol's Marilyn Monroe screen print.

A derivative work is protected by copyright as a work in its own right (Art. 3 para. 3 CopA) when it is an intellectual creation and has its own individual character. In the process, the creator of a derivative work may not just use the characteristics and features of the existing work but rather must give the derivative work an individual touch.

The Swiss Copyright Act mentions translations and adaptations as examples of derivative works in Art. 3 para. 2 CopA. This is not an exhaustive list. Even if it is not explicitly mentioned, the individual character must however exist here. In translations, the words and choice of style of the work usually give the required individuality.

However, in the case of translations, as mentioned in Art. 5 para. 2 CopA, the following must be noted: if these translations are works excluded from protection pursuant to Art. 5 para. 1 CopA (e.g. a translation of a law), then they are also not protected by copyright.

In the case of derivative works, it must be decided whether they involve basic changes without any creative quality (e.g. changing a colour photo to a black-and-white photo) or have an individual character (e.g. filming a book). The first case involves an alteration of the work (Art. 11 para. 1 (a) CopA). On the other hand, the second case involves a derivative work. However, the author's consent is required in both cases.