What is interpolation?
Music interpolation is similar to The process of using parts of existing sound recordings in a new recording. but incorporates only an existing An original musical composition with or without lyrics. into a new Typically, the recorded performance of a musical work protected as a phonogram under copyright law. and does not use a pre-existing sound recording of that musical work.
Rather than using a sample of a pre-existing sound recording, the part of an original musical work a Anyone who contributes to creating or performing a musical work, a live performance, or a sound recording. wishes to use is re-performed and re-recorded. This can be done by playing similar melodies, chords, and rhythms or using similar instrumentation to replay part of the original musical work in a new sound recording.
What rights are involved in music interpolation?
Whenever a musical work is interpolated into a new sound recording, the The controls creators or rights holders have over what they have created or produced and over their identity and image. in that pre-existing musical work are all involved. 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 its 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. are applicable, and you must get permission from these A person or company that has Intellectual Property Rights in a musical work, performance or sound recording to use the music interpolation in 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)..
If the request to use a music interpolation is approved, a fee will typically be paid to the music publisher to remunerate rights holders of the interpolated musical work.
Learn more about the different types of rights in the Music Creators’ Rights topic.
Who owns the rights in a music interpolation and a new song using the music interpolation?
When you interpolate an original musical work, the rights holders of that musical work usually own the music interpolation. You own the rights to any new and A creative contribution to a musical work that is sufficiently distinct from any pre-existing musical work contributions you made to the new musical work that is using the music interpolation. Therefore, both you and the rights holders of the original musical work will share ownership of the new musical work. Rights holders of the original musical work must 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 new work is used.
Image credit: Martin Dam Kristensen