On Tuesday 12 February 2013 17:56:02 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). Yes there is. But if the song is really the property of another, why this distinction? Is it his property to do with as he and he alone wishes and authorizes or is it not? And don't be too sure. I seem to remember reading of a store being sued because an employee was singing songs to herself while stocking shelves. Granted she was singing audibly. > > 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). Again, why this arbitrary distinction about what someone can and cannot do with the property of another? Is it OK if you opne and sit in another person's car so long as you don't start it and drive it away? > > 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. I know that. But why not? Based on the theory people seem to have that the songs them make are their property and they should have the final say in how they are used. > 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. So does the right of public performance, right? Does performing while walking down the street not count? What about a marching band? I invite you to consider these Copyright Questions: http://zotzbro.blogspot.com/2010/12/copyright-questions.html I also invite you to consider if fashion designers make any money. all the best, drew _______________________________________________ Linux-audio-user mailing list Linux-audio-user@xxxxxxxxxxxxxxxxxxxx http://lists.linuxaudio.org/listinfo/linux-audio-user
