quoted 3 lines i'm inclined to think that this is not absolute, or we'd be hearing many
>i'm inclined to think that this is not absolute, or we'd be hearing many
>more beatles covers than we do, regardless of michael jackson's position
>on the matter.
copyright law includes two extenuations to copyright protection. one is
called "fair use," which most people have heard of, and which negativland
popularized following their legal troubles with Island Records/U2. the
other is called "compulsory license" (also sometimes referred to as
"mechnical license"). this is the one most likely to support sony's actions
vis a vis underground resistance.
from
http://www.ram.org/ramblings/philosophy/fmp/copying_primer.html:
"[T]he compulsory license model in music under current Copyright Law...is a
unique aspect of Copyright Law, in that it allows you to make phonorecords
of musical compositions after it has been recorded once (usually referred
to as "covering") as you wish, without permission, as long as an
appropriate fee is paid per phonorecord distributed. There is absolutely no
permission required, and the original authors have no real say over who
covers the song and in what manner it is covered."
also, from the Web site of the Harry Fox Agency (a major entertainment
industry licensing firm):
"Under the United States Copyright Act, the right to use copyrighted,
non-dramatic musical works in the making of phonorecords for distribution
to the public for private use is the exclusive right of the copyright
owner. However, the Act provides that once a copyright owner has recorded
and distributed such a work to the U.S. public or permitted another to do
so, a compulsory mechanical license is available to anyone else who wants
to record and distribute the work in the U.S. upon the payment of license
fees at the statutory "compulsory" rate as set forth in Section 115 of the
Act.
"The current royalty rate as of January 1, 1998 is 7.1 cents per
composition or 1.35 cents per minute of playing time, whichever is greater,
per record, tape or CD made and distributed."
note also that copyright law does not require the licensee to deal directly
with the owner of the copyright, although (particularly wrt the specifics
of the u.r. vs. sony case) common decency should probably dictate otherwise.
fwiw,
sc
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