[bct] Re: Copyright issues and the talent show

  • From: "Neal Ewers" <neal.ewers@xxxxxxxxxxxxxx>
  • To: <blindcooltech@xxxxxxxxxxxxx>
  • Date: Fri, 3 Mar 2006 10:59:25 -0600

And, a dance club I know was sued for playing CDs at a dance without
getting permission even though no admission was charged.  Do I like it?
No.  Do I want to run the risk of having it happen to me no matter how
small?  No again.

Neal




-----Original Message-----
From: blindcooltech-bounce@xxxxxxxxxxxxx
[mailto:blindcooltech-bounce@xxxxxxxxxxxxx] On Behalf Of Lynnette
Sent: Friday, March 03, 2006 10:44 AM
To: blindcooltech@xxxxxxxxxxxxx
Subject: [bct] Re: Copyright issues and the talent show


Well, Ray,
You just may be right.
I understand that laws must be obeyed.  However, it doesn't preclude the

fact that an individual who does not compose their own material is left
out 
of the performing arena.  It's very sad indeed.

Believe it or not, though, some disc jockeys here in NYC had to stop 
themselves from singing the traditional happy birthday song because they

didn't have a license.  I just thought that was truly outrageous.
Lynnette


----- Original Message ----- 
From: "Ray Foret Jr." <rforetjr@xxxxxxxxxxxxx>
To: <blindcooltech@xxxxxxxxxxxxx>
Sent: Friday, March 03, 2006 7:14 AM
Subject: [bct] Re: Copyright issues and the talent show


> Well, for one, I think Neal is right to do what he's having to do; and
> yet,
> I can't help but wonder.  I fear the time will soon come when we are
so
> worried about copy right law violations that ALL creativity is
stifled.
> Indeed, it may become so badly stifled that even the simple act of
singing
> "happy Birthday" at a child's birthday party would be enough to get
you
> sued.
>    "but," you will doubtless protest, ""Happy Birthday" is in the
public
> domain; so, how could that ever happen?"   Well, the answer is quite 
> clear.
> It could happen because the more violations of copy right law there
are, 
> the
> stricter those laws will become.  They will become so strict that you 
> can't
> even sing "happy Birthday" at a party anymore.  Now, "How will they
know 
> if
> somebody does that anyhow?" you may well ask.  We are being monitored
so
> much nowadays that it doesn't take much of an effort to imagine the
copy
> right police planting little microphones in everybody's heads at birth

> just
> so they can listen in.  Some people are already having computer chips
> implanted in their bodies (no thank you) and that's scary enough.
>
>    "BUT SURELY," YOU SAY, "THIS IS ALL exaggeration.  Surely the
> government
> would NEVER do anything like this."  Don't you believe it.  How about
the
> time when the IRAA went after a poor eighty-four-yera-old lady and
accused
> her of downloading songs illegally?  She didn't even have a windows 
> machine.
> She was using an Apple.  At the time of this episode, Itunes didn't
even
> exist.  How about that?
>
> Sincerely yours,
> The Constantly Barefoot,
> Ray
> Home phone and fax:
> (985)853-0139
> E-mail:
> rforetjr@xxxxxxxxxxxxx
> Skype Name:
> barefootedray
> Blog:
> www.raysworld.blogs.com
> God bless President George W. Bush!
> God bless our troops!
> and God bless America
> ----- Original Message -----
> From: "The Scarlet Wombat" <coconut@xxxxxxx>
> To: <blindcooltech@xxxxxxxxxxxxx>
> Sent: Friday, March 03, 2006 5:51 AM
> Subject: [bct] Copyright issues and the talent show
>
>
> DJD, not all of the talent show files came with introductions, Neal 
> may
> not
> have known who was performing.
>
> I did some extensive legal research last night with my wife, in her 
> 3rd year of law school, and was surprised at the results.
>
> It seems that current copyright law restricts even gratis performances

> of works still in copyright.  For example, Neal mentioned the song 
> "Cheek to Cheek.  Performing this song, even if for no remuneration, 
> is a violation of current copyright law, unless there is permission 
> from ASCAPk, BMI or whomever owns the copyright.  I find this to be 
> extremely narrow and stupid, but it is the law and we cannot afford to

> violate it.  Awards are growing for copyright violaters and companies 
> are becoming more willing to prosecute the small fry.  The notes are 
> considered a formula, and like a recipe in a cookbook, are 
> uncopyrightable.
>
> This means you can perform the music to Cheek to Cheek, but you cannot
> sing
> the words in a public performance without permission.  You can,
however,
> change the words to make a parody or satire of the song, that is
allowed.
>
> For example, you could modify the song to be about the other cheeks. 
> [big grin]
>
> This copyright stuff is enough to give everyone a headache, but Neal 
> is protecting us all by his insistance upon doing the right thing.
>
> Dan
>
> The words of a song are what are copyrighted, the notes are not.
>
>
> 



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