Originally Posted by Mike Halloran
Originally Posted by B.D.Thomas
I always thought a derivative work is when you use someone else's work - if that's wrong, you're right, it fits my case perfectly.

Derivative applies in both cases.

In the US, you are normally allowed to create them—there are a few restrictions. You are not allowed to register new copyrights without permission from the rights holders. Otherwise, without permissions, anything you add belongs to the original rights holders.

I'm working with a couple of choral composers/arrangers who really should have asked in advance. Although, in both cases, the works were performed. neither can be published as is (in one case) or at all in the other. This is further complicated in the first case by the Canadian publisher not understanding the rules other than knowing that attorney fees are higher than any expected return. In the second case, the estate of a well known public figure knows this stuff as well as I and has never allowed the words in question to be set to music which means it can't happen till 2063 when the words go into the Public Domain (the US and Germany have different rules on this until 2073).
Thanks again, Mike [Linked Image - Only viewable when logged in]


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