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Tue 25 Jan, 2005 05:10 pm
Hey everyone,
I have a legal query and I thought that Able2know is a good place to get it answered. Here goes...
I am a musician and recently I created an up-to-date remake of the Coca-Cola song. It contains no sampling and most of the music (synths and percussion) is original except, of course, the main Coca-Cola melody, which I incorporated, but I recreated it with a new instrument, has a different arrangement and it might even be in another key.
It sounds really good and I was thinking about either sending it to Coca-Cola as a possible jingle or releasing it as a club track. The question is, am I breaching any of Coca-Cola's copyright or other copyright laws in respect of releasing, publishing and/or distributing the track.
And secondly, what protection do I have against Coca-Cola just using the track?
And is there anything else I need to know about?
Im no expert but I reckon the fact that you are using an already established song as part of your original concept will mean that you will have to at least ask permission from coca cola or the person who wrote it if you can use it.
I think it would be a great idea to release it as a club track!But hope coca cola want it.
Get as much money from it as you can!!!
alpinezero: What you've created is called a "derivative work." As the name implies, a derivative work is any work that is derived from a copyrighted work. In this case, although you've altered many of the attributes of the original song, you've maintained enough of it (in particular, the melody) so that it cannot be considered an original work itself.
The right to create derivative works is one of the exclusive rights held by a copyright owner. In other words, only the original copyright owner has the right to create (or authorize) derivative works. As such, what you've done is create an infringing work. That means that the owner of the original copyright (presumably the Coca-Cola Co.) can prevent you from publishing or performing your work. So you can't use it as a club track without violating Coca-Cola's copyright.
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