@Rob,
Thanks for clarification on many points.
Quote from Columbia Law School regarding proprietary of melodies
(supporting your statements):
*Melody is overwhelmingly the single most important feature of a musical
> work in evaluating the merits of copyright infringement claims. The
> entire corpus of judicial opinions in the area of music copyright
> infringement dwells on melody as the single most idiosyncratic element of
> the works in question, and almost entirely the locus of the economic worth
> of a song. Accordingly, the more melodically similar two works are, the
> more likely a court will determine that the later created work infringes
> upon the earlier. *
I thoroughly enjoyed this discussion, and I know quite a bit more now after
having it.
Distributing under Fair Use assumes intent, which ultimately falls out of
our control the minute someone else decides to distribute it. To you
point, it would absolutely put a commercial distro in jeopardy if LMMS slid
this song infringing-ly, inadvertently on said distro's plate.
Reminds me of the Mickey Mouse cake example from this video.
http://www.youtube.com/watch?v=9h2dF-IsH0I
Again, great discussion. Thanks for taking the time to research and
explain. To conclude, (minus a signed waiver from Universal) Owl City is
out. :)
-Tres
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