Minimal difference required for new work?


#1

Is a song with a slightly changed title a new work?
(I’m thinking of differences in cover art being sufficient for a new release.)

tldr: Does it become, “If someone is interested in making a new work on the basis of a different title then they are welcome to do so”?

Song titles:
White, Orange and Green
White, Yellow and Green
(The first is the most common title - but I have found no definitive history of the song, even it’s composer is rarely credited. Assuming I have found the correct composer after all. )
The songs have pretty much the same lyrics but for “White, ****** and Green”. And the same or very close tune. The Orange/Yellow shift may be related to Orange being the colour for the Protestants of Ireland. And the Yellow … . Well, I wonder about the social history of this song. And it’s original title. (Which for those who are into such things is described on a scholarly site thusly; Tune is that of the Travellers’ ‘Parting Glass’ or ‘Here’s a Health to the Company’; also similar to ‘Flower of Northumberland’. :grin:

Does it become, “If someone is interested in making a new work on the basis of a different title then they are welcome to do so”?


#2

Generally, different lyrics would mean a different work, but I’m not sure how similar they should be before I thought they’re actually just one work - I think we have one work for God Save the King/Queen for example.


#3

The same “song” with different titles are not different works. Even with minor lyrical changes. they are still the same work - IMO.
Sometimes those different titles has to do with the company releasing the album.

Just think of KISS, and the song
Rock and Roll All Night
How many different spellings have there been - and, n, &, 'n, n’
Night and nite

We can’t forget the (and Party Every Day)

It’s all the same work. Some people just misspell the title.

.
You’ll actually find many many different titles used for the same classical work.


#4

Here’s a question -
Would a Weird Al parody be the same work?

Eat It wouldn’t exist with out Beat It. He wouldn’t even be able to release it if he didn’t get copyright permission.


#5

No, but it would be linked as a “parody version of” to the original work. And in fact, it is!