[LAU] Changerd: Copyright laws and such

[Ralf Mardorf]

On Tue, 2013-02-12 at 17:56 -0500, Al Thompson wrote:
> On 02/12/2013 09:32 AM, drew Roberts wrote:
> >
> >>> Oh, and by the way, to my ignorant understanding, if you hadn't yet
> >>> written down what you were whistling when Jack heard, you don't get to
> >>> copyright it. Oops. (I say ignorant as it may only happen if you perform
> >>> it in public first. Etc.)
> >> You don't have to "write it down," in the literal sense.  But being in a
> >> fixed form of some sort is required, as is "publication."
> > Exaclty. And if you didn't fix it, you are not protected. And even if you did 
> > happen to be recording when Jack walked by, do you really think you have some 
> > *inherent* power / right to stop that long chain of folks from whistling 
> > without your permission?
> 
> There is a difference between walking down the street whistling a tune,
> vs. recording a song for sale, or performing a song, especially for
> profit (although, presumably the composer would be a member of a
> "performing arts society" such as BMI or ASCAP, so a performance would
> be 'licensed' as long as the venue is a member of those societies). 
> 
> As for listening to a song being recorded, it's the same.  Consider the
> case of a studio musician who is hired to play on a song which is being
> recorded.  He can play the riffs to that song at home.  He can whistle
> them while he drives around.  What he can not do is record the song as
> his own and release it, without paying royalties (licensing fee).
> 
> You seem to think that a copyright prevents someone from whistling a
> song while they walk, singing a song while they shower, or ponder the
> song in their head while they daydream, and this is simply not the
> case.  A copyright prevents you from recording a song, or creating sheet
> music, and providing copies to others.  The "right of copying" remains
> with the author/composer.

Shit happens!

http://www.youtube.com/watch?v=x7Jg4f5eF7M

99% are from a Bob Dylan song interpreted by Jimi Hendrix ;), it's just
missing heart and soul of Hendrix. IMO the most embarrassing musical
faux pas ever, since somebody must have noticed that this is "more
more", than less a copy of a very known song. Clapton might not notice
his mistake, but at least an engineer, best boy, or somebody else.