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Musical derivative works. (cont'd)
copyright registration, namely, that which constitutes a significant amount of previously registered published, or public domain material.
1)
Where the work does not incorporate any preexisting copyrightable material, but is merely based on a preexisting idea, the work is considered a new work, and not a derivative work.
Example:
A song about crossing a river inspired by the painting, "Washington Crossing the Delaware."
2)
Where the work incorporates only a negligible amount of previously registered, published, or public domain material, the work is considered a new work~ thus, the claim to copyright need not exclude the preexisting material.
Example:
A musical work incorporating only the first three notes of "Also sprach Zarathustra," by Richard Strauss.
3
Where a work incorporates preexisting material that was theretofore unregistered and unpublished, the work is considered a new work, for purposes of most registrations.
Examples:
a)
An author writes song lyrics in 1978 and files them away in his home. In 1981, the author sets the lyrics to new music. Even though the lyrics were preexisting when the music was composed, the lyrics are not considered a preexisting work, for purposes of registration.
1984
