Legal Question in Intellectual Property in California
Intellectual Property
If I take a melody from a song (but completely make it my own) and change the lyrics to it, does this count as a derivative work and require a mechanical license?
1 Answer from Attorneys
Re: Intellectual Property
This DOES amount to a derivative work, but requires special permission from the rights holder. A Mechanical License does not cover what you propose.
Minor lyric changes (such as he/she changes to accomodate a singer of a different gender) are typically permitted by rights-holders, but wholesale changes to lyrics are NOT.
If it's a parody, making fun of the original, such as the kind of thing that Wierd Al Yankovic does, you may have some first-amendment right to do so, but otherwise, you'll need to negotiate directly with the music publisher for the song in question.