Q: Can I release a remixed song with new verses as a derivative or transformative work without permission?
I have altered the verses of a song while keeping the beat and chorus the same, and this change drastically alters the meaning of the song. The original song is copyrighted, and I don't have permission from the copyright holder, although I know who they are. I'm unsure if I want to release this song commercially or not for profit. Should I release it as a derivative or transformative work? Additionally, what steps should I take regarding copyright issues?
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A:
Releasing a remixed song that uses the original beat and chorus without permission is risky from a copyright perspective. While you've changed the verses and altered the meaning, you're still using substantial portions of the original work that are protected by copyright law.
Your situation likely doesn't qualify as fair use since you're using key elements of the song like the chorus and beat. Fair use typically covers limited uses for purposes like criticism, commentary, education, or parody, and is determined by courts examining factors including how much of the original work was used and whether your use affects the market for the original work.
Before releasing your remix, consider reaching out to the copyright holder for permission or a license. Even non-commercial releases can face copyright claims, and penalties for infringement can be significant. You might explore options like negotiating a license agreement, creating a completely original song inspired by similar themes, or working with royalty-free music as alternatives that would keep you on the right side of copyright law.
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