On 02/12/2013 09:32 AM, drew Roberts wrote: > >>> Oh, and by the way, to my ignorant understanding, if you hadn't yet >>> written down what you were whistling when Jack heard, you don't get to >>> copyright it. Oops. (I say ignorant as it may only happen if you perform >>> it in public first. Etc.) >> You don't have to "write it down," in the literal sense. But being in a >> fixed form of some sort is required, as is "publication." > Exaclty. And if you didn't fix it, you are not protected. And even if you did > happen to be recording when Jack walked by, do you really think you have some > *inherent* power / right to stop that long chain of folks from whistling > without your permission? There is a difference between walking down the street whistling a tune, vs. recording a song for sale, or performing a song, especially for profit (although, presumably the composer would be a member of a "performing arts society" such as BMI or ASCAP, so a performance would be 'licensed' as long as the venue is a member of those societies). As for listening to a song being recorded, it's the same. Consider the case of a studio musician who is hired to play on a song which is being recorded. He can play the riffs to that song at home. He can whistle them while he drives around. What he can not do is record the song as his own and release it, without paying royalties (licensing fee). You seem to think that a copyright prevents someone from whistling a song while they walk, singing a song while they shower, or ponder the song in their head while they daydream, and this is simply not the case. A copyright prevents you from recording a song, or creating sheet music, and providing copies to others. The "right of copying" remains with the author/composer. -- --- My bands, CD projects, music, news, and pictures: http://www.lateralforce.com My blog, with commentary on a variety of things, including audio, mixing, equipment, etc, is at: http://audioandmore.wordpress.com Staat heißt das kälteste aller kalten Ungeheuer. Kalt lügt es auch; und diese Lüge kriecht aus seinem Munde: 'Ich, der Staat, bin das Volk.' - [Friedrich Nietzsche] _______________________________________________ Linux-audio-user mailing list Linux-audio-user@xxxxxxxxxxxxxxxxxxxx http://lists.linuxaudio.org/listinfo/linux-audio-user
