Mason Barge wrote:
>
> "Mickey" <mickey_and_edith@[EMAIL PROTECTED]
> wrote in message
> news:gqqVj.100$l97.4@[EMAIL PROTECTED]
>> Mason Barge wrote:
>>>
>>> "Anim8rFSK" <ANIM8Rfsk@[EMAIL PROTECTED]
> wrote in message
>>> news:ANIM8Rfsk-A3792E.10335810052008@[EMAIL PROTECTED]
>>>> In article <Xns9A9A834C3AF64wascana212com@[EMAIL PROTECTED]
>,
>>>> James Robinson <wascana@[EMAIL PROTECTED]
> wrote:
>>>>
>>>>> "Mason Barge" <masonbarge@[EMAIL PROTECTED]
> wrote:
>>>>> >
>>>>> > "Taylor" <lukebenward@[EMAIL PROTECTED]
> wrote ?
>>>>> >>
>>>>> >> We're told by changing the lyrics, it created problems with the
>>>>> >> song's publisher and cost "A.I." a lot of money.
>>>>> >
>>>>> > Yeah, absolutely. In the Byzantine web of rights to music, an
>>>>> artist
>>>>> > has an absolute right to perform and record any song listed by a
>>>>> > public rights distribution agency but cannot change the words.
>>>>>
>>>>> What?
>>>>>
>>>>> There are loads of examples of artists changing words to songs when
>>>>> they
>>>>> cover them. Are you saying they were all illegal? Did the
>>>>> Association get
>>>>> sued for correcting the grammar in the Mamas and Papas song "Go
>>>>> Where You
>>>>> Wanna Go"?
>>>>>
>>>>> In this particular case, there are many examples on YouTube of
>>>>> Stand By Me
>>>>> and Beautiful Girls juxtaposed by artists, like Jabberwock, which
>>>>> is likely
>>>>> where Archie got the inspiration, and where the conflict might
>>>>> arise. He
>>>>> only used two words, "beautiful girls", but also the tune from one
>>>>> phrase
>>>>> of the Kingston song.
>>>>
>>>> The problem seems to be not that he changed the lyrics in the song
they
>>>> paid for, but that he stole the new lyrics from a different song they
>>>> had NOT paid for. That would be expensive.
>>>>
>>>
>>> Believing that your common sense is a guide to copyright law is
>>> tantamount to believing that your common sense is a reliable guide to
>>> particle physics.
>>>
>>> Aside from the iTunes problems, i.e. a recording without video --
>>> which involves "mechanical licensing" from Harry Fox, in the first
>>> place, which a live tv performance does not -- you have to first know
>>> if the song was performed under a blanket license from a publisher,
>>> usually ASCAP. I would assume American Idol has a blanket ASCAP
>>> license, but making assumptions is hazardous.
>>
>> This is a particularly hazardous assumption. ASCAP is not a publisher,
>> as expanding the acronym makes clear: American Society of Composers,
>> Authors, and Publishers. It is an association of the aforementioned
>> folk and among its services is facilitating licensing of member owned
>> works (by providing contact information, etc.), but as the cost for
>> clearance is at the discretion of the copyright holder, ASCAP is not
>> really involved.
>>
>
> You sure? I'm not gonna do research for a Usenet post, but I think
> organizations can buy a blanket performance license for any song in the
> ASCAP catalogue.
>
> Okay, I did google ASCAP real quick and found this:
>
> "Television Licensing administrates the license agreements with ASCAP's
> 1,200 local television station customers, as well as the ABC, CBS, NBC,
> PBS, and Univision networks. We have also just introduced blanket and
> per program agreements for the LPTV industry.
>
> Our local station customers can be licensed under a blanket or a per
> program license. Both license types provide full and complete access to
> ASCAP's ever-growing repertory. The choice of license is made by the
> station."
>
> But this may be a license for an audio performance; whether it covers
> live performance of a song by another person, I'm not sure. Feel free
:)
There is a difference between administration and negotiation. Shows like
Idol have typically had to negotiate separate licenses with "publishers"
for individual songs, libraries, selections from within a library, or
entire catalogs. Because of the amount of money involved, blanket
licenses through industry associations, like ASCAP don't usually apply.
E.g., if you want to sing "Happy Birthday" on a TV show or in a movie,
you have to negotiate with the "Estate of the Hill Sisters" for the
rights. On the other hand, if you want to sing "Happy Birthday" to the
customers in your restaurant, all you need is a site license.
BTW, even the Harry Fox Agency doesn't clear all the details for
mechanical licenses. You still may need to contact the publisher to
determine how a song must be credited on liner notes.
The Other Mickey
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