Understanding derivative works

A derivative work is a new composition created by altering or incorporating elements of an existing copyrighted song. Unlike cover songs, which are straightforward renditions, derivative works involve significant changes such as translations, samples, or parodies. You cannot distribute a derivative work without explicit permission from the original copyright holder.

Examples of derivative works

A translation, adaptation, parody, medley, arrangement that changes lyrics, abridgment, or substantial alteration can be a derivative work. Sampling or replaying part of an existing recording may also require separate rights.

A standard cover recording that follows the original composition is different from a derivative adaptation, but it may still require a cover-song license.

Get permission before distribution

Obtain permission from the relevant copyright holder before you distribute a derivative work. The original songwriter or publisher may not control every right you need, particularly when you use a sound recording.

If a license grants you a share of the composition or sets special credit requirements, follow the license terms when entering songwriter and publisher information.

Rights questions depend on the work, the recording, and the countries involved. Consult a qualified music-rights professional or lawyer if you are unsure.

Things to note

• Derivative works, such as samples, cannot be cleared through the cover song licensing process.
• Some services, like Easy Song, can clear samples through a separate custom licensing process.
• We suggest consulting a lawyer about sample clearance before distributing your derivative work.