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User Name Thread Name Subject Posted
Malcolm Douglas Tune Add: Miss Rowan Davies (Phil Cunningham) (25) RE: Tune Add: Miss Rowan Davies (Phil Cunningham) 08 Feb 09


I'm not sure in what way that is relevant. If Phil Cunningham chooses to publish his own material via MySpace or anywhere else, that's his right; though I see no obvious sign that he has included notation for 'Miss Rowan Davies' or any live performance of it there; or that he intends to. Perhaps I just haven't spotted it. In any case, that still wouldn't make it ok to reproduce the material anywhere else without his consent: a link would serve perfectly well.

'GUEST,Johnmc's question, though doubtless genuine, is a reductio ad absurdam, and as such potentially misleading. 'Reproduction' in this context means public reproduction: that is, publication. Placing a transcription of a piece of music on a publically accessible website, for example, constitutes publication.

The nature of the internet makes it virtually impossible to enforce copyright unless you are a large corporation, but that doesn't mean that it's ok to ignore the moral issues involved. In the majority of cases relating to folk music, the copyright holders don't mind their material being copied on websites like Mudcat provided it's done accurately and with proper attribution(s); but some do, and their wishes must be respected.

The question of placing a video of a live performance on (for example) YouTube is a different one. I can't comment on the legal position, but would note that, at the very least, common courtesy requires that the person making the recording obtain permission from performer and/or venue/promoter at the time of making it; and, subsequently, for publishing that recording; though clearly many don't bother.


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