Understanding Derivative Works

Understanding derivative works is crucial for any creator who samples, remixes, reinterprets or otherwise adapts existing music. Distributing a derivative work without proper authorization can lead to legal issues, so it's essential to know the rules.

A derivative work is a new song created by building upon a pre-existing copyrighted work. This can include:

-medleys

-samples or replays (including re-recording all or a portion of the original),

-language translations or interpretations

-parodies

-arrangements that change the lyrics, music or make other material alterations; and/or

-other material adaptations to the original

From the U.S. Copyright Office: Only the owner of copyright in a work has the right to prepare, or to authorize someone else to create, an adaptation of that work. The owner of a copyright is generally the author or someone who has obtained the exclusive rights from the author. In any case where a copyrighted work is used without the permission of the copyright owner, copyright protection will not extend to any part of the work in which such material has been used unlawfully. The unauthorized adaptation of a work may constitute copyright infringement.

Put simply – you can’t distribute a derivative work without permission from the copyright holder of the original work. Derivative works, including works that contain samples, cannot be cleared through a compulsory mechanical license. Unlike with cover songs, the original copyright holder can refuse permission for a derivative work for any reason. To obtain permission for a derivative work, you need to identify the copyright holder of the original work, contact them directly with a detailed request outlining your intended use of the derivative work, and negotiate the terms of the license, including any compensation, with them in writing; this could involve sending a permission request letter specifying the nature and duration of your intended use.

If you are unsure whether your music is a derivative work or how to obtain the necessary permissions and licenses, please consult with a legal professional specializing in copyright law; and do not submit the content to Symphonic for distribution until you are sure you have all necessary rights and clearances to do so.