copyright intellectual-property
Reinterpretation of copyrighted work in another medium (film to song)
<p>I've been reading about derivative works and general copyright, but I'm struggling to understand the scope of what is a derivative work.</p>

<p>Allow me to present my situation.</p>

<p>I have written a concept album, it is a retelling of a story previously told in a movie, let's say Robocop.</p>

<p>At no point is the film tile Robocop referenced, the song titles and plot points are designed to be familiar to fans of the movie. A few character names are referenced, and a few lines of dialogue are referenced but the vast majority (99.9%) is original lyrics describing similar scenes and characters.</p>

<p>Is this a derivative work? Does this require a licence? Would it be an infringement? It is essentially a fan homage in song form.</p>

<p>My understanding is that as this doesn't contain any mechanical part of the original movie it is fine. Sorry if this has already been discussed, I couldn't find anything which covered exactly what I want to ask.</p>

<p><strong>Update:</strong> I though I would add some examples. </p>

<p><a href="https://www.youtube.com/watch?v=_9h_-wXlvVg" rel="nofollow">This House Is Not For Sale - Ryan Adams</a> is very similar to the story of the film <a href="https://en.wikipedia.org/wiki/Beetlejuice" rel="nofollow">Beetlejuice</a>, but at no point directly references it.</p>

<p><a href="https://www.youtube.com/watch?v=tCjDnqyRp9s" rel="nofollow">Far Gone - Pictish Trail</a> contains the line <code>She wouldn't stop screaming</code> which has been acknowledged as being from the film <a href="https://en.wikipedia.org/wiki/Fargo_(film)" rel="nofollow">Fargo</a> and also uses a remixed sample from the <a href="https://www.youtube.com/watch?v=W4NCC0dUXks" rel="nofollow">Fargo movie soundtrack</a> as the hook.</p>

<p>Are these derivative works? Would they be infringing upon IP laws without some kind of licence? And how would they compare to the situation I have outlined?</p>

<p>This is a heavily fact-dependent question. Exactly how and how much your work "evokes" the original will matter.</p>

<p>That said, your belief that "<em>My understanding is that as this doesn't contain any mechanical part of the original movie it is fine.</em>" is not at all correct. If your new work is clearly based on the original work, it would be a derivative work. For example, if Shakespear's <em>Romeo and Juliet</em> were still in copyright, <em>West Side story</em> would have been a derivative work, and would have required permission. </p>

<p>You would do well to consult a lawyer knowledgeable in this specific area, in your specific jurisdiction, as the detailed rules vary by country, although the general principles are pretty much world-wide.</p>
