A derivative work is a new creation that is based on one or more pre-existing works. Under U.S. copyright law, only the copyright owner of the original work has the right to create, or authorize someone else to create, a derivative work.
Derivative works typically recast, transform, or adapt existing material. This may involve changing, reinterpreting, or incorporating parts of the original work into a new form.
Examples of Derivative Works
Derivative works can appear in many forms. Some common examples include:
- Remixes or mashups of existing songs
- Translations of lyrics into another language
- Medleys that combine parts of multiple songs
- Musical arrangements that significantly alter melody, lyrics, or structure
- Works that incorporate samples or re-recordings of an existing recording
- Parodies or dramatizations based on existing works
- Adaptations of books into movies or plays
Derivative Works vs. Cover Songs
It’s important to distinguish between a cover song and a derivative work:
- A cover song is generally a performance of an existing composition without significant alterations. Cover licensing is available through established statutory or compulsory licensing processes, and can be secured through your Too Lost account here.
- A derivative work, on the other hand, involves meaningful changes (such as altered lyrics, rearranged melodies, or sampling) that require direct authorization from the copyright holder.
Permissions and Licensing
You cannot distribute a derivative work without the permission of the copyright holder(s) of the pre-existing work. Unlike cover songs, the copyright owner may deny permission to create a derivative work for any reason.
If you receive proper authorization from the copyright holder or publisher, you may distribute your derivative work through Too Lost, provided you accurately list ownership shares in accordance with your negotiated license. You can attach that documentation to your release at the end of the upload process.
Important Note: Derivative works (such as remixes or songs with samples) cannot be cleared through a cover song licensing process. Samples and other derivative uses require custom clearance directly from the copyright owner or their representatives.
Legal Reminder
Unauthorized creation or distribution of a derivative work may constitute copyright infringement. As a distributor, Too Lost is unable to provide legal advice. If you are unsure whether your release qualifies as a derivative work or whether you need specific licensing, please consult with a qualified music attorney or rights administrator.