If you’re here, then you’ve probably run across the same issue as I have at one time or another when writing a new composition inspired from a pre-existing composition. How do I properly give credit to an original work while receiving the proper credit to my new body of work? This is where the term “derivative work” is applied.
A “derivative work” is any song that takes a preexisting work and uses that material to create a new composition. It differs from a cover song, which is a more straightforward interpretation of an existing composition without significant alterations to the melody or lyrics.
I came across this rather frustrating conundrum when writing “Donde Estas”, a derivative work of The Zuton’s song “Valerie”, made famous by Amy Winehouse. Initially, I figured everything would work as usual when recording a “cover song”. I would obtain the proper license from the Harry Fox Agency, pay the required fee, and am then free to record without any possible copyright infringement strikes. However, once I began to inquire more deeply into specifics, I realized there was/is no option for requesting a license for a cover song translated into another language. At this moment, I found myself in new uncharted territory. On top of that, I couldn’t find many options as to how to request personal permission from the original songwriters to translate the lyrics and release the song. After much searching, I finally found out how to contact the writers directly; through the publishing company affiliated with the songwriters.
This put me in a state of relief, but rather than alleviating the problem, I was right back to square one with so many questions in terms of exactly who to contact, what info is needed, how long the permission process takes, and whether or not I will receive any composition credit. I can’t just look up phone numbers, emails, or social media info to these songwriters. All composers/songwriters are represented by a number ID that I have no access to without being a part of their publishing company.
To put my mind at ease, I googled Selena’s song, Fotos Y Recuerdos, just to validate who is registered as the copyright holder and writer of the song. Anyone and everyone who is a Pretenders and/or Chrissy Hynde fan knows that “Fotos y Recuerdos” is also a derivative work of “Back On the Chain Gang”, I essentially rewrote “Valerie” in the same format as “Fotos Y Recuerdos”, so to see if permission was granted, and by whom, was extremely important to me. Lastly, I wanted to verify who is receiving writing credit for the Spanish version of the song.
When everything was all said and done, I found that Chrissy Hynde is in fact listed as the writer of the derivative work “Fotos y Recuerdos”, however, it’s listed as an original work, not a cover song! You can distribute a “derivative work” song through any music streaming service as an original work with the proper songwriting ownership of the new song listed. That ownership should reflect the license you have negotiated with the creator of the work you created a derivative work from.
That’s great news for all composers and songwriters hoping to find that silver lining from a derivative work! Do the legwork, be patient, and trust that your composition will be recognized as a beautiful
addition to a
fabulous original!
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