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Q: Songs/Music Copyrights ( No Answer,   1 Comment )
Question  
Subject: Songs/Music Copyrights
Category: Relationships and Society > Law
Asked by: jr50-ga
List Price: $5.00
Posted: 09 Mar 2005 19:07 PST
Expires: 08 Apr 2005 20:07 PDT
Question ID: 490719
Hi,

I want to know what copyrights issued are involved (or maybe there is
nothing involved) when a song is translated, four examples are below:
 
Legally are the Spanish songs complete separate materials than those
of the English version, basically who owns them?

Is there any permission needed to translate a song, a song idea etc, can
the new song be copyrighted?
 
SPANISH VERSION:
1. Obladi Oblada - by Los Mustangs
2. El Submarino Amarillo - by Los Mustangs
3. La Chica De Los Ojos Cafes - by Los Fabulosos Cadillacs
4. Strawberry Fields Forever - by Los Fabulosos Cadillacs
 
ORIGINAL VERSION
1. Obladi Oblada - Beatles 
2. Yellow Submarine - Beatles
3. Brown Eyed Girl - Van Morrison
4. Strawberry Fields Forever - Beatles

Now regarding the music, the Spanish versions have the same music
accompaniment just the Spanish lyrics; do the same issues that apply
to the lyrics apply to the music?

Thank you
Answer  
There is no answer at this time.

Comments  
Subject: Re: Songs/Music Copyrights
From: kylek-ga on 09 May 2005 16:02 PDT
 
Even though this may be closed, for what it's worth, here's the
information you're looking for:
http://www.copyright.gov/circs/circ14.html
DERIVATIVE WORKS
A ?derivative work,? that is, a work that is based on (or derived
from) one or more already existing works, is copyrightable if it
includes what the copyright law calls an ?original work of
authorship.? Derivative works, also known as ?new versions,? include
such works as translations, musical arrangements, dramatizations,
fictionalizations, art reproductions, and condensations. Any work in
which the editorial revisions, annotations, elaborations, or other
modifications represent, as a whole, an original work of authorship is
a ?derivative work? or ?new version.?

...

To be copyrightable, a derivative work must be different enough from
the original to be regarded as a ?new work? or must contain a
substantial amount of new material. Making minor changes or additions
of little substance to a preexisting work will not qualify the work as
a new version for copyright purposes. The new material must be
original and copyrightable in itself. Titles, short phrases, and
format, for example, are not copyrightable.


...

WHO MAY PREPARE A DERIVATIVE WORK?
Only the owner of copyright in a work has the right to prepare, or to
authorize someone else to create, a new version of that work. The
owner is generally the author or someone who has obtained rights from
the author.

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