What is a derivative work?
When a pre-existing An original musical composition with or without lyrics. is altered, modifying elements such as melody, lyrics, instrumentation, or style while retaining recognizable elements of the original musical work, it can be considered a derivative work. This can also apply when part of a Typically, the recorded performance of a musical work protected as a phonogram under copyright law. is used.
A derivative work is considered a new musical work, but it has to be different enough from the pre-existing musical work to be considered A creative contribution to a musical work that is sufficiently distinct from any pre-existing musical work and protected by National laws that protect creators' and other rights holders' moral and economic rights in musical works, performances, and sound recordings..
Derivative works can include:
Click on each type of work above to learn more about them.
You can also learn more about the Anyone who contributes to creating or performing a musical work, a live performance, or a sound recording. roles that make derivative works in our pages on Remixers and DJs, Adaptors, and Translators, all in our Songwriting topic.
What rights are involved in creating derivative works?
To create a derivative work, you must have permission from the A person or company that has Intellectual Property Rights in a musical work, performance or sound recording of the pre-existing musical work or sound recording. This derives from their rights of Any form of modification or alteration of a musical work or sound recording to create a new musical work or sound recording 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 derivative work?
If you create a derivative work, 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 the derivative work. However, the owners of the pre-existing musical work or sound recording own the rights to any elements of the pre-existing musical work or sound recording used in the derivative work.
Therefore, you and the rights holders of the original musical work or sound recording will co-own the derivative work. You will then share any income based on what you and other rights holders of the derivative work negotiated and agreed.
Since a derivate work is a new musical work, you should To submit information relating to musical works and sound recordings to an appropriate registration body, for example, copyright ownership information submitted to a Collective Management Organization or copyright office. the new derivative work with your Collective Management Organization: An organization that acts collectively on behalf of the rights holders it represents and collects and pays remuneration to rights holders. and get an International Standard Musical Work Code: a unique identifier for musical works.. See our page on Registering Musical Works for more information.
Quiz
Test your derivative work knowledge
Image credit: Jakob Johansson, Parapix