What is a remix?
A remix is when a creator such as a Disc Jockey: a person who curates and plays sound recordings to an audience. DJs can mix sound recordings together to create new and unique versions or mixes., Sometimes called a studio producer or record producer, a person who typically helps a recording artist record a musical work. They are usually responsible for the entire recording process. or A type of creator that modifies, adds, or rearranges existing musical or vocal elements of a sound recording to create a new sound recording. reworks a pre-existing Typically, the recorded performance of a musical work protected as a phonogram under copyright law., modifying, adding or rearranging existing musical or vocal elements to create a new sound recording. Under National laws that protect creators' and other rights holders' moral and economic rights in musical works, performances, and sound recordings., remixes are considered Any form of modification or alteration of a musical work or sound recording to create a new musical work or sound recording, which are A new work based on a pre-existing work.. Read our page on Derivative Works to learn more.
Remixes can be a great way to make old 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). popular again, but there are rules that need to be followed.
What rights are involved in creating a remix?
To create a remix, you must have permission from the A person or company that has Intellectual Property Rights in a musical work, performance or sound recording of both the pre-existing musical work and sound recording. This derives from their rights of adaptation and The action or process of copying, for example, making copies of a musical work or sound recordings.
See our topic on Music Creators' Rights to learn more.
Who owns the rights in a remix?
A remix can be considered a derivative work, so if you created a remix, you own the The controls creators or rights holders have over what they have created or produced and over their identity and image. to any new and original elements you contributed to it. But the owners of the pre-existing work and sound recording retain their rights to any elements of those used in the remix. Therefore, you and the rights holders of the pre-existing musical work and sound recording will each own a share of the remix.
When a remix is used, for example, streamed, downloaded, performed, or played in a public place, both you and any other creators and rights holders of the remix and the rights holders of the original musical work and sound recording will earn and share any income.
Remixes should be registered with Collective Management Organization: An organization that acts collectively on behalf of the rights holders it represents and collects and pays remuneration to rights holders. as a new musical work and sound recording and assigned an International Standard Musical Work Code: a unique identifier for musical works. and an International Standard Recording code: a unique identifier for sound recordings.. The original rights holders of the original musical work and sound recording should also 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..
Find out more about DJs and Remixers, and what they do, in the Songwriting topic.
Remixes can also sometimes be created under a An arrangement that automatically grants ownership of musical works, performances, or sound recordings made under an employment contract to the employer rather than the creator. arrangement, for example, with a record label. In such cases, the rights in the remix will belong to the employer rather than the creator.
Visit our topic, Rights Transfers and Licensing, to learn more about work for hire.
Image credit: Michael Korsgren, Parapix