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Copyright Threat

EBarnacle 16 May 09 - 12:00 PM
GUEST,The lemonade lady 16 May 09 - 12:16 PM
Leadfingers 16 May 09 - 12:50 PM
dick greenhaus 16 May 09 - 12:59 PM
GUEST,The lemonade lady 16 May 09 - 05:02 PM
GUEST,Tom Bliss 16 May 09 - 05:07 PM
Leadfingers 16 May 09 - 06:49 PM
cptsnapper 17 May 09 - 12:22 AM
M.Ted 17 May 09 - 03:27 AM
Reinhard 17 May 09 - 03:41 AM
Jim Carroll 17 May 09 - 04:20 AM
Will Fly 17 May 09 - 04:42 AM
GUEST,Tom Bliss 17 May 09 - 05:12 AM
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Subject: Copyright Threat
From: EBarnacle
Date: 16 May 09 - 12:00 PM

I was at a community yard sale today and spotted some CD 0album sets by major artists, including Pete Seeger, Woody Guthrie and others. They were licensed by a group called Intermusic SA to various trademarks.

The selections seem to be pretty good but Intermusic SA has an EU settlement for music piracy and copyright violation. Keep an eye out for their stuff, even under other production labels. The licensing info was on the upper right side of the back label of the sleeve.

I have already advised Pete of this company and will call Tao and ask him to follow up.


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Subject: RE: Copyright Threat
From: GUEST,The lemonade lady
Date: 16 May 09 - 12:16 PM

What happens if someone claims to have written a new melody for an old trad song, but infact the melody is from someone else's song?
Sal


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Subject: RE: Copyright Threat
From: Leadfingers
Date: 16 May 09 - 12:50 PM

Sally - I believe they CAN claim for 'Arrangement' , but MUST Credit the composer of the melody !


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Subject: RE: Copyright Threat
From: dick greenhaus
Date: 16 May 09 - 12:59 PM

Sally-
It's completely up to the judge, ince it comes to tril. There have been decisions both ways.


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Subject: RE: Copyright Threat
From: GUEST,The lemonade lady
Date: 16 May 09 - 05:02 PM

The writer of the melody is Rick Kemp, Maddy Prior's husband. Hmmm.
Sal


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Subject: RE: Copyright Threat
From: GUEST,Tom Bliss
Date: 16 May 09 - 05:07 PM

"Sally - I believe they CAN claim for 'Arrangement' , but MUST Credit the composer of the melody !"

No - they can't do that.

They could register an arrangement and claim on it, but only with the permission of the copyright holder, who will almost certainly expect a percentage.

They may, however, use the tune without permission, as long as it is correctly credited to the copyright holder.

If they are claiming they wrote the tune themselves, but it is materially someone else's copyright, and that person chooses to take action, then they will loose the case (in a civil case - as with all copyright issues).

Tom


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Subject: RE: Copyright Threat
From: Leadfingers
Date: 16 May 09 - 06:49 PM

Thanks for clarification Tom ! Thats about what I meant !


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Subject: RE: Copyright Threat
From: cptsnapper
Date: 17 May 09 - 12:22 AM

Maddy Prior's ex- husband, i believe


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Subject: RE: Copyright Threat
From: M.Ted
Date: 17 May 09 - 03:27 AM

Looking for copyright violations at yard sales, EBarnacle? Time to find a hobby.


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Subject: RE: Copyright Threat
From: Reinhard
Date: 17 May 09 - 03:41 AM

What song are you talking about, Sal? And from which other song is the melody supposed to be?


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Subject: RE: Copyright Threat
From: Jim Carroll
Date: 17 May 09 - 04:20 AM

Slightly off topic:
Can anyone enlighten me on a situation which is looming here in Ireland?
IMRO (The Irish Musical Rights Organisation) is focusing in on film music and is proposing to claim payment for each time a piece of music is played in a film (Casablanca - Smoke.... Butch Cassidy - Raindrops.... Ghost - Unchained etc).
As a film buff - am somewhat concerned.
Outside of the major cities cinemas are run here on a shoestring; this county (Clare) has 1 cinema, a multiplex which - apart from the occasional blockbuster, plays to miniscule audiences.
Any further expense will send it under, as happened to the other Clare cinema (Kilkee) about five years ago.
Can the IMRO jackals do this?
Jim Carroll


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Subject: RE: Copyright Threat
From: Will Fly
Date: 17 May 09 - 04:42 AM

Tom Bliss:
If they are claiming they wrote the tune themselves, but it is materially someone else's copyright, and that person chooses to take action, then they will loose the case (in a civil case - as with all copyright issues).

Tom - not quite as clear-cut as that, I'm afraid - the law is also treated differently in the US, for example. A case in point is the melody to "I Feel Like I'm Fixin' To Die Rag" by Joe MacDonald. The tune is clearly by trombonist Edward "Kid" Ory, and is the second theme of his "Muskrat Ramble". On MacDonald's recordings, MacDonald is credited as the composer of "Fixin' To Die Rag" - no acknowledgement of Kid Ory.

Babette Ory - Kid Ory's daughter - sued for breach of copyright over 20 years later. The court found for McDonald on the grounds that Babette Ory had had ample time to make a claim, but had not done so until 20 years later. The case went to an appeal court, and that judgement was upheld.

I think Babette had the moral high ground and that MacDonald should have acknowledged the musical debt to Ory - but that's what happened.


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Subject: RE: Copyright Threat
From: GUEST,Tom Bliss
Date: 17 May 09 - 05:12 AM

Similar situation with Whiter Shade of Pale, but the principle stands. Babette didn't so much have the moral high ground, she had legal ownership and a clear cut case, only time and lawyers managed to fudge it for Joe. If Sal's chum is planning to keep Rick in the dark for 20 years... :-)


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