Re: MR-Request-music

["Heather Swann" <swann@intercon.com>]

Poster: "Heather Swann" <swann@intercon.com>

>  Poster: Robert J Welenc <rjwelenc@erols.com> 
>  
> At 09:13 6/27/96 -0400, Lady Celynnen wrote: 
> > 
> >As far as posting the words to "Music, Sex and Cookies", there *is* 
> >that nasty little copyright thang. Regardless of who's written the 
> >song, I'd be reluctant to post it without their permission. 
> > 
> If the author of a song is known, I would quite agree, but this has 
> me wondering at what point copyright violation occurs. 
>  
> 1. I sing "Music, etc." in the privacy of my own home, for my 
> own enjoyment. 
> No copyright problem there, right? 
>  
> 2. I sing it at an event, for a few friends. 
>  
> 3. I sing it at a bardic circle, to a larger audience. 
>  
> 4. A friend with an ear for music learns it that way. 
>  
> 5. A friend who needs the words  written down asks me for a copy of 
> the song, which I hand-deliver to him. 
>  
> 6. Another friend asks me for an Email copy which I send to him 
> privately... 
>  
> 7. And then I post it to the list, since I know of others who would 
> enjoy it. 
>  
> 8. I make a tape including it as one of my favorite songs, from which 
> I make a modest profit.  Obviously, if I do not obtain permission from 
> the author, this IS copyright violation. 
>  
> At what point in this list of modes of transmission does 
> copyright violation begin to occur?  I would think only at #8, since 
> money begins to creep onto the scene, but perhaps someone more versed 
> in law than I can inform us if the law has a different opinion.  Does 
> it make a difference if I give proper credit to the author 
> with #5, #6, & #7?  What if I don't know the author, having learned 
> it from a friend, who learned it from a friend...?  (And BTW, since I 
> sing in the key of Q-flat, #5 & #6 are the only ways I have 
> shared favorite songs, giving credit to the author when I know of him/
> her.) 
>  
> Alanna 

Having worked for Kinko's and eaten copyright for breakfast, lunch, and 
dinner, I would say #4 is getting close, and #5 is where you start to violate 
it- after all, the words are also their creation, just as, say, a poem is.....

Miri


Miriam Rachael bat Mordecai | Purpure on a bend Or,
akaThe Intriguing Miriam    | between two swans naiant
Isenfiri-In-Exile           | respectant, wings elevated
mka: Heather E.M. Swann     | and addorsed argent, three 
email:swann@intercon.com    | sprigs of heather palewise
                            | purpure.     

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