Tesla Coil wrote:
>
> That raises another puzzle I've considered. I don't know on what
> terms one records a cover version of a song with reserved rights,
> but what of freeing one's performance, GPL or otherwise? Once
> you've obtained permission to record a song, is your recording of
> it yours enough that you can liberate your rights to the performance
> proper? If you agreed that the publisher will receive royalties from
> sales of your performance, can you distribute it noncommercially,
> result being that royalties are a percentage of zero?
I believe the exact arrangement must be spelt out in the contract.
It's possible to get the rights to record a song, but not perform
it; to perform it, but not record it; or any combination.
Most of my knowledge of copyright law comes from dealing with
cartoonists, often amateur. It's not uncommon for someone to
draw someone else's character with permission -- essentially a
"cover version" -- but that does not in itself entitle the first
artist to use the second's character any other time. That
permission is independant and must be given by the second if the
first is to use the character further.
The Residents ran into problems with this with their "American
Composer Series" -- it became to expensive to continue the series
after the second LP because of the royalties. They do, however,
still perform some of the songs they recorded in that series
(Jambalaya, It's a Man's World, etc) -- I don't know if they
secured the rights to performance at the same time as they bought
the right to cover, but I expect they still pay royalties every
time the perform the songs.
--
James H.G. Redekop http://www.residents.com/ The Residents
[EMAIL PROTECTED] http://www.residents.com/Goons/ The Goon Show
