Re:Judge Orders Los Angeles Times to Delete Part of Publishe...
by jkaplowitz on Monday July 16, 2018 @02:37AM
(#17539211)
Deriving from a copyrighted work without permission is infringement unless it falls into some exception like fair use. As you note, parodies often qualify for that exception, but that's not the general rule.
[ Parent
| on HN ]
Re:Judge Orders Los Angeles Times to Delete Part of Publishe...
by wool_gather on Monday July 16, 2018 @08:48AM
(#17540859)
Absolutely true. Parent may just not understand all the details. One thing that can be slightly confusing w/r/t copyright and recorded music is that the there's a rule that automatically grants a license to produce a new recording of a piece, without the original author or the copyright holder even being consulted. This is called a "mechanical license"; you can perform your own version of any musical work as long as you pay the fee and royalties for it.
That said, I believe there are still provisions for something like "moral rights" where the original author could sue to block publication.
Re:Judge Orders Los Angeles Times to Delete Part of Publishe...
by jkaplowitz on Monday July 16, 2018 @12:45PM
(#17542701)
The US doesn't have a general concept of moral rights, though many countries do. Is there some moral right specifically applicable to those compulsory musical licenses?
Re:Judge Orders Los Angeles Times to Delete Part of Publishe...
by wool_gather on Monday July 16, 2018 @01:37PM
(#17543162)
You're right -- I don't remember the right term for this case, which is why I put it in quotes. I just know that you can get the license automatically, and do the recording, but that the original artist has some means to try to block you releasing the recording.
Re:Judge Orders Los Angeles Times to Delete Part of Publishe...
by jkaplowitz on Monday July 16, 2018 @02:37PM
(#17543771)
Yeah, it's pretty confusing. I'm pretty sure the rules for performing covers are different from the rules for releasing recordings of covers, too. I think performance rights are more permissive.