Paul wrote:

>Kitka wrote:
>> Thanks Paul, I agree with you too.  In the media world, there IS 
such<BR>
>> a thing as a "cease and desist".  I was talking with someone from 
the<BR>
>> CBC the other day (more about this subject at a later date) and he<BR>
>> told me about how someone was compiling a Top 100 songs list for a<BR>
>> major network.... he said that they got a cease and desist order 
from<BR>
>> Leonard Cohen (or some boring musician like that) and they couldn't<BR>
>> use him in the FLATTERING Top 100 show they were making.<BR>
><BR>
>Makes perfect sense to me. If Leonard Cohen wants to control how his <BR>
>work is used, he should have that choice. Whether the show was <BR>
>flattering or critical doesn't matter. Others may see this differently, 
><BR>
>but it's ultimately about artists being able to control how their work 
><BR>
>is used.<BR>

I'm not sure it works that way in the case of the show in question.  A 
certain amount of fair use is allowed in these areas.  For example, it's 
my understanding that a person could write a book dissecting the lyrics of 
Leonard Cohen without ol' Lenny being able to stand in the way.  The 
question of derivative work and fair use, as I understand it, is that if 
the derivative work is *about* the original, rather than a *restatement* 
of the original, then it's allowed.  Whether a "top 100" list is "about" 
could be in question though.

--
Rhett.



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