[turc1656]

I could be mistaken, but if the original recording is no longer copyrighted, how can someone copyright an individual performance? Doesn't that fall under the derivative works portion of copyright law? Thereby making it the automatic property of the property holder - which in this case would be the general public, no?

[outsidetheparty]

> Every Song Has Two Copyrights: The Underlying Composition and The Sound Recording. The underlying composition is the music and lyrics as they would appear on a piece of sheet music. From this copyright, infinite amount of sound recording copyrights can be created. Every time a song is recorded, whether by a new artist, in a different key, with different instrumentation, or completely remastered, a new sound recording is created and the person or company who owns that recording owns its copyright. However, even if you own the new sound recording you do not own the copyright to the underlying composition, and in fact must get permission to distribute your work.

https://tunelicensing.com/blog/post?page=licensing-101-publi...

[turc1656]

Thanks for this. I am shocked to learn that re-recordings of previously copyrighted work are not deemed derivative works and actually receive their own separate copyright even after the original has expired.

[FearNotDaniel]

What exactly are you shocked by? Are you saying that you can perceive the work a composer does as creating something of value, but you can't see how the work done by an arranger or a performer adds value to that original composition work? In the pop world, where the majority of artists don't write their own songs, there is an incredible amount of additional creative input between the songwriters handing over their guide track and the producers/performers releasing the finished product. If the moral principle behind copyright is that ownership of any original creative work remains in the hands of its creators, then it makes sense that those arrangers and performers should retain the rights to their own contributions, separate from the work of composers and lyricists.