R: [Rumori] Beatallica update

[kembrew mcleod]

the trouble with the statutory or compulsory license is that it 
implicitly allows you to cover a song without asking for permission -- 
AS LONG AS YOU DON'T ALTER IT SIGNIFICANTLY, particularly the lyrics, 
but also the melody.

what counts as altering is muddy, which is where the chilling effects 
come in. so, for instance, Guthrie's copyright holder, TRO, regularly 
denies permission to recording artists who want to update or alter his 
folk songs.

best,

kembrew

On Mar 4, 2005, at 11:33 AM, illegal art wrote:

> I've been thinking about this angle as well.  Because covering a song 
> is a
> mechanical license, it is easy to obtain and I think you only pay 
> based on
> sales.
>
> Someone must know more about this than I do.  What are the 
> llimitations on
> what can be considered a cover?  As long as it fits their definition 
> of a
> cover, can they deny you the license?
>
> Philo
>
>
> On Fri, 4 Mar 2005, Nicola Battista wrote:
>
>> David, please show this to your lawyers (from the Harry Fox Agency
>> website):
>>
>> http://www.harryfox.com/public/infoFAQDigitalLicensing.jsp
>>
>> "Oh no! I offered a download of me performing a cover on my website. 
>> Is
>> it too late for me to pay now?"
>>
>> "You should immediately remove the file until it is properly licensed.
>> Once it is, you can make retroactive payments for the limited time 
>> that
>> it was up illegally."
>>
>> While I still think there is the "parody" issue in this case, suppose
>> that we consider the songs simply as medleys of Beatles and Metallica.
>>
>> I think the "injury" this publisher had was ridiculous. But if the 
>> above
>> part is true, I think one should go for a HFA license and pay
>> retroactively (probably a few hundreds of $) and then the "injury" 
>> would
>> disappear completely... avoiding bigger fees for copyright 
>> infringments.
>>
>> see also:
>> http://www.harryfox.com/public/licenseeServicesDigital.jsp
>> http://www.harryfox.com/docs/newMediaApplication.pdf
>>
>> ...this of course could be considered as a "last chance" thing.
>>
>> Nicola DjB
>>
>>
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>
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kembrew mcleod
assistant professor
department of communication studies
university of iowa

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