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User Name Thread Name Subject Posted
GUEST,Val Does right to integrity apply? (36) RE: Does right to integrity apply? 08 Dec 08


Disclaimer: my understanding is as a Yank who is not a lawyer - both of which mean I'm probably wrong.

If you change "CAN" to "MAY" in the above, I believe the answer is "Yes" to all. Copyright law says that someone who creates an original work, and who places this work in tangible form (tape recording, writing, etc - something that exists outside the mind of the creator & the ears of the audience), then the creator has exclusive and total right to permit or deny ANY use of ANY PART that work. (Note that if the "creator" borrowed a part - such as setting new words to an old tune - then his/her rights only apply to the part which he/she created.)

There are a few VERY LIMITED exceptions detailed in the "Fair Use" regulations (such as excerpting a small piece for editorial comment or review, or some educational uses in formal scholastic settings).

Now, CAN a composer enforce such restrictions? Well, that's a whole 'nother issue. And on the third hand (so to speak) is the debate between "legal" and "correct" in the structure and enforcement of laws.

Many composers probably do not feel the need to maintain absolute control over their creations, and will happily allow others to perform the songs. It's a common attitude, but by no means universal.

The Creative Commons organization was formed to facilitate ways in which composers can communicate to users what things the users may freely do with the composition, and also to facilitate communication between users and composers so the users can gain permission for greater use of the composition. (For example, a composer could say "I grant you permission to perform this song for free, but before you perform it for pay contact me for permission and we'll work out a contract.") Note that (in my understanding) Creative Commons does not create, deny, nor enforce any legal rights - they just make it easier for copyright holders to manage their own legal rights without resorting to the sometimes Draconian and even Totalitarian policies of Industry.

Of course, everything you have just read may be wrong. Consult a qualified legal counsel if you're concerned.


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