Are there copyright implications when using sheet music to create a derivative work of visual art?

I don’t know and suggest you talk to a copyright lawyer specifically if you can, but just want to say that that is adorable. You should be able to find some books about copyright at your public library that may tell you something about sheet music.

I am thinking that since sheet music is visual that you would be violating the copyright to reproduce the sheet music.

So you definitely need to ask an intellectual property attorney.

If it is a problem, you could work with music that is in the public domain.

Thanks, ladies!

@janbb You’re so sweet – I’m glad you like it! Even if I can’t sell it, I’m definitely going to hang it in the nursery when we have kids…

@marinelife I have thought about using music that’s in the public domain, but I really like the idea of using songs that I cherish from my childhood, and most of them are still under copyright.

I’m definitely going to talk to a copyright lawyer – I was just hoping to know a little bit about it before I did. I’ve found some books about copyright, but nothing that specifically addresses the sheet music in its own right, rather than reproduction/use of it as it pertains to actually performing or distributing the piece of music. I’m thinking that since this is such a specific and unusual thing, I’m probably not going to find anything on my own. Now I just need to find a copyright lawyer who doesn’t charge an arm and a leg!

(I’ll send this to iamthemob; I’m pretty sure he’s a lawyer or in the legal profession.)

You have created a lovely piece of work. I like it, however I am sure you could be in trouble if you sell it as it is. Puff the Magic Dragon is copyrighted and you would be infringing the rights of the copyright holders who are the writers of the song, that is Leonard Lipton and Peter Yarrow I think you would have to get permission from their attorney.

Even posting your work on the Internet could be considered copyright infringement. I noticed that the copyright holder’s attorney, Linda Joy Kattwinkel, was an artist herself before taking up law so she will be sympathetic I’m sure.

This article raises some interesting questions and points about altered art. What you’re doing might be a form of appropriation art, although that is more art-to-art rather than music-to-art. You might want to look at some of the altered art sites; although you are drawing, it is still altering a previously created piece.

Copyright infringement requires making copies of the artwork, which is an interesting differentiation. You could probably create original works of art without a problem. You could not create a work of art and make copies of it, selling it as a poster.

Here’s some guidance on fair use of copyrighted pieces.

The Fair Use link answers your question.

You need to get permission from whoever owns the rights to the music.

Thanks for the links, @BarnacleBill – they’re a huge help. It sounds like it might fall under fair use, since I’m only using a very small portion of it, and I’m changing it pretty significantly from its original form. I’m definitely going to talk to a copyright lawyer before I do anything else, but at least now I’ll have an idea of what I’m talking about!

Pretty much all of the important bases have been covered here, it seems. As an outline, there are several questions that you need to consider, and most of them don’t really lend themselves to clear answers for an individual case:

(1) What is the type of right that you may infringe (e.g., the right to perform, copy and distribute, etc.).

(2) Who is the holder of that right (e.g., many artists license others to copy and distribute sheet music, and therefore that is the person who might bring an infringement suit).

(3) How much of the work are you using? (parts of work may be small enough that enough is your own original work that it is a derivative work).

(4) How much of the work is your own individual and valuable contribution? (which applies to fair use).

(5) What are you marketing your work as…and how else can it be used?

If you’re going to sell, depending on how much you look to invest, you need to speak to a lawyer to clear any future claims on the work, period. Dealing with a suit down the road is rarely worth it.