400-10
408
Musical derivative works. (cont'd)
408.02
Adaptation. An adaptation results from reworking a preexisting melody, possibly including rhythmic variation as well. An example might be a jazz version of the "Battle Hymn of the Republic." This definition of adaptation is not as widely known as the definition of arrangement: thus, the Copyright Office will accept a claim on adaptation where the primary change is in the harmony. Where there is no registrable
harmony, an application stating the claim as arrangement will not be accepted, but the Copyright Office will request that the basis of the claim be changed to adaptation, if appropriate.408.03
Setting. A setting is a harmonization, or arrangement of a preexisting melody, or entirely new music set to preexisting words. Settings are similar to arrangements, except that they are more closely associated with preexisting words and chorale-type harmony.
408.04
Variations. Variations are adaptations and arrangements of one basic theme in various moods and styles. The basic theme is usually the preexisting work. Variations are treated as new works for purposes of registration, where the treatment results in substantial divergence from the preexisting material, or where the new material overwhelmingly predominates in comparison to the theme, such as where the theme or motive consists of only a few notes.
Example:
Because of substantial divergence from the theme, utilization of the Paganini motive in this phrase of Rachmaninoff's "Rhapsody on a Theme of Paganini," Opus 43,
