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.
Where the lines fall surprises people. A straight audio cover is not a derivative work — it is a reproduction made under the §115 mechanical license. An interpolation reproduces the composition but not the master. And karaoke is treated as an audiovisual work needing a sync license, not a §115 cover. When you do create an authorized derivative, your copyright covers only the new material you added, not the underlying work.
AI raises hard new versions of these questions. Whether training a generative model on copyrighted recordings, or an AI output that resembles an existing song, counts as an infringing derivative is unsettled and currently in litigation. See AI music royalties.
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.