What is a derivative work?
When a pre-existing 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 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 and protected by .
Derivative works can include:
Click on each type of work above to learn more about them.
You can also learn more about the 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 of the pre-existing musical work or sound recording. This derives from their rights of and .
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 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 the new derivative work with your and get an . See our page on Registering Musical Works for more information.
Quiz
Test your derivative work knowledge
Image credit: Jakob Johansson, Parapix