Definition
A derivative work is a new work that is based on, or adapted from, one or more existing works. In music, common derivative works include:
- Remixes
- Arrangements and re-orchestrations
- Translations of lyrics
- Songs that sample or interpolate an existing work
Who Has the Right to Make One?
The right to create derivative works belongs to the original copyright owner. That means you generally need permission or a licence to base your release on someone else's protected song, unless the original is in the public domain.
Do You Own the Derivative?
When a derivative work is made lawfully, the new original elements you add (your production, your new arrangement) are protected by their own copyright. However, that protection only covers your additions, not the underlying work you built on, and it does not remove the original owner's rights.
Releasing a Derivative Work With InterSpace
- If your release adapts a protected song, secure the necessary permissions first.
- For remixes and covers, make sure the correct licences are in place. See Distributing Cover Songs and Remixes through InterSpace.
- Credit the original writers accurately in your metadata.
Uncleared derivative works can be rejected in Quality Control or taken down by stores after delivery.