If it's true that the copyright to the derivative work becomes the property of the original copyright holder, then it would seem as if a simple hack could be used by cover-song creators to avoid being Coultoned:
Nominally release a version of the song with the original arrangement and original, throwaway lyrics prior to releasing the version with the original arrangement and derived lyrics.
That way, the cover song is a derivative of two original works, and in order for an entity like "Glee" to cover your cover, they'd need permission from both of the copyright holders -- you (for the melody) and whoever owns the copyright to the lyrics.
JC bought a compulsory license to distribute his version of the song. That license effectively gives the copyright of his version to the copyright holder for the original version.
But what I'm proposing is to gain the rights to create a derivative work based on TWO original works. So, the copyright of the derived work would be assigned JOINTLY to the copyright holder of the original arrangement (the artist himself) and the copyright holder of the original lyrics.
That's not an option in the license he bought. I guess you could imagine all sorts of creative arrangements, but the license under which this work was available required him to forfeit the copyright of the derived work. Adding a second original work to the mix wouldn't solve that problem.
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If it's true that the copyright to the derivative work becomes the property of the original copyright holder, then it would seem as if a simple hack could be used by cover-song creators to avoid being Coultoned:
Nominally release a version of the song with the original arrangement and original, throwaway lyrics prior to releasing the version with the original arrangement and derived lyrics.
That way, the cover song is a derivative of two original works, and in order for an entity like "Glee" to cover your cover, they'd need permission from both of the copyright holders -- you (for the melody) and whoever owns the copyright to the lyrics.
Lawyerly types, am I on to something here?
JC bought a compulsory license to distribute his version of the song. That license effectively gives the copyright of his version to the copyright holder for the original version.
But what I'm proposing is to gain the rights to create a derivative work based on TWO original works. So, the copyright of the derived work would be assigned JOINTLY to the copyright holder of the original arrangement (the artist himself) and the copyright holder of the original lyrics.
That's not an option in the license he bought. I guess you could imagine all sorts of creative arrangements, but the license under which this work was available required him to forfeit the copyright of the derived work. Adding a second original work to the mix wouldn't solve that problem.