Christopher BJ Smith wrote:
[snip]
>
> One exception I heard about is the estate of Jerome Kern, who blocked an
> entire album of Maynard Ferguson's because he had included an
> arrangement of "Old Man River" that the family considered to be so
> utterly tasteless, that they were able to have the whole album run
> recalled on the premise that he hadn't asked for permission to arrange
> it. Almost nobody DOES ask permission, because I don't think permission
> has EVER been refused for a recording, but it was a "gotcha".
>
>
Actually, the U.S. copyright law reads that only on first recordings
does the copyright holder have the right to refuse to allow the
recording. On subsequent recordings all that is required is the payment
of the mandatory mechanical reproduction fee. Copyright holders may NOT
refuse permission, which is why nobody ever asks.
The Kern estate may well have threatened a lawsuit over it, knowing that
they wouldn't win but hoping that the embarassment over such a lawsuit
and the airing in court of statements that the arrangement was so
tasteless was enough of a deterrent so the record label may have pulled
the record.
--
David H. Bailey
[EMAIL PROTECTED]
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