Reuse & Derivatives
Derivative Works
A new work based on an existing one (like a remix, arrangement, or sample-based track), which needs the original owner’s permission. (A straight cover is not a derivative work.)
Under US copyright law (17 U.S.C. §101), a derivative work is a work "based upon one or more preexisting works": a musical arrangement, a remix, a sample-based track, a translation, or any version in which a work is recast, transformed, or adapted. Only the copyright owner may make or authorize one (§106(2)), so a remix, arrangement, or sample needs permission.
Good to know
Derivative Works: common questions
- What counts as a derivative work?
- A new work based on an existing one: a remix, arrangement, translation, sample-based track, or a new recording of an existing song. Your copyright in it covers only the new material you added.
- Do I need permission to remix or sample?
- Yes. Only the copyright owner can authorize a derivative work, so remixing, arranging, or sampling someone else’s recording or composition without a license can be copyright infringement.
- Are AI-generated tracks derivative works?
- It is unsettled. Whether AI training on copyrighted music, or AI outputs that resemble existing works, are infringing derivatives is being fought out in court; there is no ruling yet.