Does saying that a work of art was inspired by another work mean the former is a derivative work?
<p>Say a composer read a poem.  The poem is the published work of a living poet and obviously protected by copyright.  This composer was inspired by the poem, and down the road he has written a piece of music that is his own artistic response to it.</p>
<p>The musical piece composed has no text (it is an instrumental work only), and any connections to the poem that inspired it exist solely in the composer's imagination.</p>
<p>At this point, is the composer's work derivative of the poem?</p>
<p>And if the composer indicates in program notes, discussion with the performers, an interview, etc. that it was inspired by that specific poem, does that then make it a derivative work?</p>
<p>And I'm assuming that were the composer to desire titling his work with the same title as the poem, that would definitely be derivative, and require permission?</p>

<p>No</p>
<p>Copyright protects expressions of ideas but not ideas. A song with the words if a poem set to music would generally require the permission of the owner of the copyrighted poem. An instrumental score “inspired by a poem” would not remotely be using the same expression, or a derivative of, the poem.</p>
<p>Titles are not subject to copyright and there are many books with identical titles. Try “The Gathering Storm” as a book title.</p>

copyright derivative-work