Derivative Works: A 10-Minute Lesson

We are in the era of Youtubers, remix culture, and pop a cappella. It’s clear that the concept of copyright needs to be debated and changed to reflect the way we’re using culture. Here’s how I started my choir thinking about the ramifications in just a few minutes.

  1. Listen to Cecilia by Simon and Garfunkel.
  2. Listen to Cecilia performed by The New York Voices.

Do they sound the same? What do they have in common, what do they do differently?

Now: understand that the work NYV did on the arrangement belongs to Paul Simon, because it’s a so-called derivative work. [Some students: well, that seems fair; I mean, Paul Simon did write the words and melody and harmony …]

How is NYV’s Cecilia different than they typical a cappella pop “jin jin” arrangement? Did they add anything to the piece that wasn’t in the original? Should Paul Simon own their creative work?

Final question: Is anything completely non-derivative? Can you name a work of art that doesn’t borrow, reference, imitate, or steal from an older work? (Including Paul Simon himself…)

I urged my students to go home and watch “Everything is a Remix“, and I urge you to do the same. There are big, thorny issues that are ever-more important in the internet age. Kirby Ferguson breaks it down in the most compelling way.