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For the best indie music from indie artists, click, and follow Indie Hype Unda The Hat. This week, The Curtis Family C-Notes. Send the names of hot Indie artists to Unda The Hat, if we dig ‘em, they take the number one spot on the playlist.  

This week, Derivative Work - Let’s go -  

A famous comedian once asked me what they needed to do to distribute a parody song. Well Jason Earls, 😉 there is an answer to that. It’s called a Derivative Work. In the world of music, that is going to include things like a parody song, language translation, sample re-mix, medley or a song arrangement that changes the lyrics or makes significant alterations to the original work. A Derivative work is any song (other intellectual property as well but you know we will keep it all music) that takes a preexisting work and uses it to create a new work. Now it’s not a cover song, because that is a straightforward interpretation of an existing song like Luther Vandross used to do; he made it his own, yet still a cover - but not a derivative.  

A derivative work is also not a compilation, because the original works are not altered,  just combined into a new work. So here’s the boring part, unless you are a lawyer and like this kind of stuff, you can’t create or more so distribute a derivative work without the permission of the copyright owner. The original owner of the underlying copyright is the only one who has the authority to create or authorize someone else to create a derivative work. Now just because you get an idea from an original work, does not make it a derivative work, ideas can’t be copyrighted. It must be significantly copied from an original copyrighted work. Unlike cover songs, the copyright holder CAN deny you permission to create a derivative work for any reason. More tricky stuff, only the new material in the derivative work can be copyrighted by the new creator. This includes public domain material. This does not reactivate the original copyright, but the new material that’s been added to the piece; the original remains in the public domain. The copyright holder still owns his/her copyright to the original song and will be paid accordingly. Heretowith (ha haa that’s my lawyer talk) don’t be trying to digitally distribute this derivative work until you’ve paid the original owner for that permission.  

This week's #IAOTW - Independent Artists Of The Week is a repeat - The Curtis Family C-Notes, the amazing full family band (father, mother and 5 children) from San Francisco. Look out for their new project releasing June 8th tomorrow! Get it now, just click “Awaken” which is the anniversary of their television debut on AGT.  Click on their name, scroll down, click the picture to find out more about the message in their music. 

For more information on this or to hire Unda The Hat as your brand or label consultant send a message via undathehat.com. See you next Tuesday.