[cc-sampling] Copyright of Derivative Work

Sarah Brown sbrown at old.law.columbia.edu
Fri May 23 11:29:00 EDT 2003


>All advertising and promotional uses of a commercial nature are excluded
>from the above rights, except for advertisement and promotion of the
>Derivative Work(s) that you are creating from the Work and Yourself as
>the author thereof.

What happens to the copyright of the Derivative Work?

It seems you may need some language that says something like "The
Derivative Work as a whole can be copyrighted, however only those
aspects that are not a part of the original are protected."

If you don't, would something like this be able to happen?

I want to use a song in a car commercial, but it's covered by this
license, so I can't. Instead, I take that song and make a new one--say
I add 24 hours of a baby crying before the song, and then 24 hours of
a baby laughing after the song. (It wouldn't really matter what you
added--you'd just need to substantiate that the complete original was
an "insubstantial portion" of your Derivative Work.)  Then, couldn't I
just use a section of "my" song, which I've copyrighted, that was
mostly just the original song I'd wanted to use?
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