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From:
Jeff Bailey
To:
Date:
Sun, 13 Jul 1997 12:20:32 -0700
Subject:
Re: (idm) "Seven Notes"
Msg-Id:
<3.0.3.32.19970713122032.007b4b40@earthlink.net>
In-Reply-To:
<l03010d00afeecea0406f@[206.80.181.151]>
Mbox:
idm.9707.gz
quoted 1 line If you really believe this, by all means put it to the test: write,>If you really believe this, by all means put it to the test: write,
quoted 1 line record, and distribute a song that uses the refrain from "She Loves>record, and distribute a song that uses the refrain from "She Loves
quoted 1 line You," but change the lyrics to, I don't know, "I want her, whoa, whoa,>You," but change the lyrics to, I don't know, "I want her, whoa, whoa,
quoted 1 line whoa." Once the lawsuits have been filed, go before the judge in open>whoa." Once the lawsuits have been filed, go before the judge in open
quoted 1 line court and state your defense: "Your honor, it's only six notes, and>court and state your defense: "Your honor, it's only six notes, and
quoted 1 line I read on the internet that you can copy seven notes and they can't sue>I read on the internet that you can copy seven notes and they can't sue
quoted 1 line you." I expect that between Michael Jackson and Sony's lawyers, Paul>you." I expect that between Michael Jackson and Sony's lawyers, Paul
quoted 1 line McCartney's lawyers, and Yoko Ono's lawyers, you'll probably walk out>McCartney's lawyers, and Yoko Ono's lawyers, you'll probably walk out
quoted 1 line of the courtroom missing a few fingers.>of the courtroom missing a few fingers.
quoted 1 line>
quoted 1 line Any infringement on protected work is actionable. Standard exceptions/>Any infringement on protected work is actionable. Standard exceptions/
quoted 1 line disclaimers apply.>disclaimers apply.
quoted 1 line>
quoted 1 line C.>C.
Maybe i was mistaken or misleading when refering to the "7 notes" issue. **Begin paste of fair use test** -The third factor looks at the amount and substantiality of the copying in -relation to the work as a whole. However, the critical -determination is whether the quality and value of the materials used are -reasonable in relation to the purpose of copying. This is -not a pure ratio test in that using a whole work may be fair use in some -circumstances, whereas using a tiny fraction of a work -not qualify for fair use in other circumstances. -Therefore, the quantity, as well as the quality and importance, of the copied -material must be considered. Some Justices have -looked to see that "no more was taken than was necessary" to achieve the -purpose for which the materials were copied **End of paste** I guess this is not exactly the information I was looking for but let me explain it a tiny bit from what I have been informed of... You are very correct assuming that you would get sued like there was no tomorrow from Sony etc etc. 7 notes copied a single time or maybe even looped twice is not considered as being in excess of what one could call Fair Use of the work. True if you nearly duplicate the entire song say for 1 or 2 notes per loop then of course you will get sued. Now for a pathetic explaination about why 7 notes and not 8........ (close your eyes if ignorance bothers you) .......I was told by one who works in the law division of a major record label (who shall remain nameless) that 7 notes is considered coincidence as long as it is not a "recognizable" ripoff such as is notorious among many rap artists (amongst the most famous is vanilla ice in the "Under Pressure" copyright issue). One cannot directly sample 8 notes being that it can be considered a stand alone product of the artists mind and therefore falls directly under the same issue as copyrighting the entire song. He also stated the very same thing as Chris stated. If you have absolutely any doubt in your mind as to whether you are infringing upon the copyright of another musician, ask for permission and credit the artist. (okay you can open them eyes again) And on a personal note. If one is really so overly concerned about ripping off another artist that all this is relevant, they are probably in need of a better imagination instead of a better lawyer. Hope this helps to explain my position as stands from the information I have received from various sources. And yes I'm a wordy bastard :)...... ......elipses can be your friend...... TinOmen http://www.thefaktory.com tinoment@thefaktory.com "<color><param>8080,0000,8080</param>All good people are asleep and dreaming</color>"