At 6:55 AM -0400 7/04/02, David H. Bailey wrote: >Christopher BJ Smith wrote: >> My understanding of the law (as flawed as my understanding may be) >>is that if the recording had been of the ORIGINAL arrangement, the >>Kern estate would not have had a leg to stand on, which is why they >>resorted to the "didn't obtain permission to arrange" argument. And >>my understanding of the case is that they obtained a judge's order >>to recall the albums, not simply threatened to. > > >It is also my understanding that the copyright law's mandatory >subsequent recordings also permit arranging the song for the >recording without permission. That is why somebody with a quintet >can record a song and another person with a 17-piece big band can >record a song and somebody else with a full symphony can also make a >recording of the same song. > >Those arrangements are not marketable on paper, but they are allowed >for recordings and performances. Royalty payments for those >recordings or performances are all that is necessary to make them >legal. Selling the arrangements for others to use, without first >obtaining written permission, is not legal.
Then I stand corrected. > >And as to your remark about an artist having control over his/her >art, to a point I agree with you. But I feel that once an artist >has taken a work out of the realm of art and entered it into the >business marketplace, the rules of business apply and not the rules >of art. Hm, kind of like (again with the similes!) the ruling that once a person has entered into public life (either as a politician, a performer, an actor, or an author of cake recipes) then they have forfeited the normal privacy that other citizens take for granted. Reporters can hound them in the grocery store, photographers can take pictures of them through their living room windows, and columnists can make conjectures about their sex lives and criticise their choices in everything from sofa colour to their opinions about sports teams. Kind of scares me. What if one of my works gets well-known? Does that mean that my life as I have known it is over? _______________________________________________ Finale mailing list [EMAIL PROTECTED] http://mail.shsu.edu/mailman/listinfo/finale
