On Tue, 2013-02-12 at 17:56 -0500, Al Thompson wrote: > 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. Shit happens! http://www.youtube.com/watch?v=x7Jg4f5eF7M 99% are from a Bob Dylan song interpreted by Jimi Hendrix ;), it's just missing heart and soul of Hendrix. IMO the most embarrassing musical faux pas ever, since somebody must have noticed that this is "more more", than less a copy of a very known song. Clapton might not notice his mistake, but at least an engineer, best boy, or somebody else. _______________________________________________ Linux-audio-user mailing list Linux-audio-user@xxxxxxxxxxxxxxxxxxxx http://lists.linuxaudio.org/listinfo/linux-audio-user
