Exclusive license for derivative track?

[JonathanE]

Hello!

Many years ago I co-wrote a song with 2 friends that I’m no longer in touch with.

Lately I created a derivative work of that song (an improved version with some added elements, but kept true to the original) because it was my understanding that, as a co-writer, I have the legal freedom to create a derivative work without their consent.

Now I know that I cannot sign an exclusive agreement with a library for the original work, but I could sign a non-exclusive agreement for the original work (since I was a co-writer).

But is it the same for the newly created DERIVATIVE product? Could I sign an exclusive deal with a library for the use of that newly created derivative product (song) without the other original co-writers consent? Or would I still need their permission in order to go exclusive?

Thanks for any help you can give!

-Jonathan

[Casey H]

From what I'm reading, your derivative work is fairly similar to the original. I'm assuming any reasonable person would hear it that way. Therefore, your co-writers still own the same portion of this derivative. You cannot sign any agreements without their consent and they are entitled to equal shares of any revenue. You can't, with or without them, sign any exclusive deal if the original is already with a publisher/library.

Best
Casey

[JonathanE]

Thanks Casey!

But if the original work is not with any publisher at all, would that be any different?

Or would still the permissions from all the original co-writers of the original work be required for one co-writer to sign an exclusive agreement for that derivative work that he created on his own?

[eeoo]

"But if the original work is not with any publisher at all, would that be any different?

Or would still the permissions from all the original co-writers of the original work be required for one co-writer to sign an exclusive agreement for that derivative work that he created on his own?"

For it to be legit all writers would need to sign on. Unless you got some kind of release from them but even then I would suspect most publishers would pass because they can find plenty of material that is free and clear.

[Casey H]

Thanks Casey!

But if the original work is not with any publisher at all, would that be any different?

Or would still the permissions from all the original co-writers of the original work be required for one co-writer to sign an exclusive agreement for that derivative work that he created on his own?

It's more basic than that. Your co-writers own part of the copyright to the work. It is as much their intellectual property as yours. Owning copyright has nothing to do with whether or not a copyright was filed, a deal was signed with a publisher, etc. It is copywritten when created. You can't sign off on what you don't fully own.

Best
Casey

[JonathanE]

Thanks for the help, appreciate it. Makes sense