Re:Is the End Near for Unlicensed Remixes and Cover Songs?
by tigeba on Friday May 27, 2016 @01:48PM
(#11787651)
This is not recent, part of the compulsory licensing for covers is that the cover does not substantially alter the original song. This boils down to substantial alterations of the melody or (possibly) lyrics.
Re:Is the End Near for Unlicensed Remixes and Cover Songs?
by lambertsimnel on Friday May 27, 2016 @02:27PM
(#11787895)
Don't the rights of the writer depend on the similarity of the cover to the original? If the the alterations are sufficiently substantial, the author of the previous version shouldn't have rights over the new version.
Re:Is the End Near for Unlicensed Remixes and Cover Songs?
by rvlouie on Friday May 27, 2016 @02:30PM
(#11787916)
If the alterations are substantial, then it's a derivative work. If it's in any way derivative, the author has complete authority over the new work. It is outside the domain of compulsory licenses at this point.
Re:Is the End Near for Unlicensed Remixes and Cover Songs?
by gumby on Friday May 27, 2016 @02:39PM
(#11787982)
Well, parody, while derivative, certainly is not subject to the control of the original author (remember the Luke Skyywalker case).
I think the courts should have a very liberal definition of what is transformative -- the permissions culture has gone way way too far (this infects both civil and criminal law in the USA and Europe).
Re:Is the End Near for Unlicensed Remixes and Cover Songs?
by rvlouie on Friday May 27, 2016 @02:46PM
(#11788024)
Sure, parody is fair-use as per Justice Story, but that's where this all gets gray. You can claim fair-use, but unless it's quite obviously a parody or educational, etc., you're going to have a tough time if someone has a mind to sue.
Re:Is the End Near for Unlicensed Remixes and Cover Songs?
by lambertsimnel on Saturday May 28, 2016 @02:49AM
(#11790832)
What about works that are inspired or influenced by other works? Nearly all works are. In some homeopathic sense they might be derivative. I assume there's a grey area between that and clearly derivative works.
tl;dr: a member of "the cars" got some puny indie to destroy all the physical albums that had been made (before shipping) and change a song, because of his claimed "rights"