Interpretations of Beethoven’s 9th as derivative work

[Sampson]

Would making an original interpretation of a piece like Beethoven's 9th fall under the category of "derivative work" and therefore be partial property of whomever you copied it from? What if it was done by ear from someone who knows the piece? And even if it was directly copied and that classified it as a derivative work, wouldn't that make every copy of Beethoven's 9th a derivative copy all the way back to the original?

thanks,
Lost in thought and looking for inspiration

[aaron]

You can make a derivative work of a derivative work, but it will typically be subject to multiple copyrights. However the original works of Beethoven are now in the public domain, so his estate has no claim to derivative works or performances of his music.

[Sampson]

Much Thanks.

[aaron]

To make sure I was clear:

Beethoven's work - now in the public domain.

A recent recording - subject to copyright.

A derivative work made from that recording - subject to the copyright applicable to the recording and also to the copyright of the person who created the derivative work.