What is an adaptation?
An adaptation is any modification or alteration of a An original musical composition with or without lyrics. or Typically, the recorded performance of a musical work protected as a phonogram under copyright law. to create a new musical work or sound recording. In other words, an adaptation is when you create a new The term "song" does not have a legal definition. It is frequently used to mean "musical work” – the composition and lyrics (if any) created by songwriters and composers. However, it could also refer to a “sound recording” (a specific recording of a musical work), or a “performance” (a live performance of a musical work). based on an existing song.
Remixes, samples, DJ mixes, mash-ups, and translations are all adaptations. Adaptations are A new work based on a pre-existing work., which you can read more about on our Derivative Works page.
But there are other adaptations beyond those described in this topic, for example, a symphonic orchestration of a musical work.
What rights are involved in creating an adaptation?
An adaptation modifies a pre-existing musical work and thus qualifies as a derivative work. Sometimes, an adaptation also involves modifying a pre-existing sound recording. Therefore, the Rights that protect the identity, integrity, and reputation of creators and their work. and The rights to control or receive payment for the commercial exploitation of works, performances, sound recordings, and broadcasts. of the original A person who makes an original contribution to the creation of a musical composition or lyrics. and A company that represents songwriters, supporting their career development, monetizing musical works, and protecting copyrights. and sometimes Under copyright law, the person or company responsible for the creation of the sound recording. are applicable. You must get permission from all these A person or company that has Intellectual Property Rights in a musical work, performance or sound recording to create and release an adaptation.
If the request to create an adaptation is approved, a fee will typically be paid to the original music publisher, and sometimes the A company that invests in, manufactures, distributes, promotes, and monetizes sound recordings on behalf of the artist., to remunerate their rights holders.
Learn more about the different types of rights in the Rights topic.
Who owns rights in adaptations?
If you adapt a musical work or sound recording, you own the rights in your contributions to the adaptation, while the rights holders of the original musical work or sound recording will continue to own their rights in the original work or recording. Therefore, both the owners of the original musical work or recording and you will own a share of the adaptation. Rights holders of the original musical work or sound recording have to be To be publicly acknowledged for a contribution to the creation of a musical work, a live performance, or sound recording, for example, listing a songwriter's or performer's name. and will receive a share of any income when the adaptation is used.
If a new sound recording is created with an adapted musical work, you will own a share of the song and receive income based on what you negotiated and agreed with the rights holders of the original musical work.
Image credit: Nils Emil Nylander