Can a rights holder refuse an interpolation?

Can a rights holder refuse an interpolation?

• A. Yes. Unlike a faithful cover, an interpolation can always be refused.
• B. No. Interpolations must be licensed if they are less close to the original.
• C. Yes. But only if the new lyrics are unchanged.
• D. No. Interpolations require the same clearance as sampling.

Answer: (A)

Interpolations involve using a portion of a song’s melody in a new recording, which makes the result a derivative work of the original composition. Because derivative rights are controlled by the copyright owner of the underlying song, permission to use the interpolation must be obtained from that owner, and they can refuse to grant it. There isn’t a automatic or mandatory license for interpolations, unlike some covers, which can often rely on a compulsory or statutory license for the composition (with royalties paid to the songwriter/publisher). So the right to authorize an interpolation rests with the rights holder, who can decline. Note that the other ideas miss the licensing reality: the closeness of the interpolation doesn’t create an automatic license, and changing or keeping lyrics doesn’t by itself force a license. Also, sampling and interpolation are licensed differently: sampling requires clearance for the actual master recording as well as the underlying composition, while interpolation centers on the composition rights alone.

Interpolations involve using a portion of a song’s melody in a new recording, which makes the result a derivative work of the original composition. Because derivative rights are controlled by the copyright owner of the underlying song, permission to use the interpolation must be obtained from that owner, and they can refuse to grant it. There isn’t a automatic or mandatory license for interpolations, unlike some covers, which can often rely on a compulsory or statutory license for the composition (with royalties paid to the songwriter/publisher). So the right to authorize an interpolation rests with the rights holder, who can decline.

Note that the other ideas miss the licensing reality: the closeness of the interpolation doesn’t create an automatic license, and changing or keeping lyrics doesn’t by itself force a license. Also, sampling and interpolation are licensed differently: sampling requires clearance for the actual master recording as well as the underlying composition, while interpolation centers on the composition rights alone.