Derivative or Transformative Copyrights

[24MikeG]

What is the name of your state? NewYork

Hi,
A composer (“Changer”) changes a song previously copyrighted by someone else (the “Original Composer”.) The extent of the changes qualifies the Changer to be granted, by the Library of Congress, a derivative copyright in those changes.

Does the Changer need to be given permission from the Original Composer to FILE an application, that includes both a remaining piece of the originally copyrighted song and new changes composed by the Changer, with the Library of Congress, to obtain a derivative copyright in the changes to the previously copyrighted song?

If permission from the Original Composer is not needed to file, and assuming that the Changer is granted a registered derivative copyright, by the Library of Congress, on the changes to the altered song, does the Changer need permission from the “Original Composer” to now USE the entire altered song for profit?

A yes or no answer to each question, plus some further explanation would be terrific.

If the changes to the previously copyrighted song are significant and considered “transformative”, where on Form SR should the designation “transformative” appear when submitting a copyright application to the Library of Congress for the entire altered, “transformed” song?

Thank you so much for your help.

 

[quincy]

What is the name of your state? NewYork

Hi,
A composer (“Changer”) changes a song previously copyrighted by someone else (the “Original Composer”.) The extent of the changes qualifies the Changer to be granted, by the Library of Congress, a derivative copyright in those changes.

Does the Changer need to be given permission from the Original Composer to FILE an application, that includes both a remaining piece of the originally copyrighted song and new changes composed by the Changer, with the Library of Congress, to obtain a derivative copyright in the changes to the previously copyrighted song?

If permission from the Original Composer is not needed to file, and assuming that the Changer is granted a registered derivative copyright, by the Library of Congress, on the changes to the altered song, does the Changer need permission from the “Original Composer” to now USE the entire altered song for profit?

A yes or no answer to each question, plus some further explanation would be terrific.

If the changes to the previously copyrighted song are significant and considered “transformative”, where on Form SR should the designation “transformative” appear when submitting a copyright application to the Library of Congress for the entire altered, “transformed” song?

Thank you so much for your help.

Creating derivatives is an exclusive right of the copyright holder. Anyone who wants to create a derivative must get permission from the copyright holder.

Explicit permission granted from the copyright holder to the one who wants to create a derivative generally takes the form of a written transfer of rights license.

A court generally determines whether a work is a derivative of the original or transformative, this after the copyright holder takes exception to the unauthorized use of his copyrighted work and sues the unauthorized user for infringement.