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Re: Song Copyrights

Poster: Suzanne Metzler <0002152178@MCIMAIL.COM>

Hello again.  Tehair is climbing back up on her soapbox....

 Frederich Von Teufel wrote:

<< Efen (and others interested),
<<        ::Frederich looks confused here::  Am I wrong, or wasn't your
<<response a little off base?  The song post (actually, _re_post) wasn't
<<attributed because the poster didn't know who originally wrote the thing.
<<Smacking them on the wrist because the didn't attribute it is a little
<<harsh.  If they had tried claiming it as their own work, well, I would be
<<behind you 100%.  But...

     To which Tehair responds:

The issue is not attribution but ownership.  There can still be copyright
infringement even if the poster attributed the song.  The poster could have
said I heard this really cool song at (insert event name here) event and the 
lyrics had something
to do with x, y, z, performed by Lady/Lord (insert name)... does anyone know 
who the songwriter/composers
is/are so I can find out if I can share the lyrics/music with others?

Owners of creative works have the right to determine how, when in what
manner their creative works will be used.  The songwriter very likely
may have said, "Sure! Great, post my song."  However, if that songwriter
really is trying to make a living (s)he could just as easily have said,
"No please don't post it, but you can get a copy by ...."

     Frederich Von Teufel also wrote:

<<        We are all in the same boat here.  We go to events, we sit around
<<the fire and drink and listen to some great songs.  Who here has ever
<<stopped a party in mid-swing to ask, 'who wrote that last song?'  Very few
<<of us.  Most just try to frantically memorize the lyrics.  I, personally,
<<have dozens of SCA songs memorized, but only know the authors of a few of

     To which Tehair responds:

Controlling posting of song lyrics or for that matter performance of
music is a way for the creator to maintain their creative vision.
Perhaps some filk singer will change Bruce Springstein's "Born in the
USA" to "Born in the SCA" and Springstein might object. (Sounds like
it might make a cool song :^))  He might
(see earlier discussion on compications of fair use) 
be able to keep Born in the SCA from being written or performed. 
On the other hand he might giver permission for a spoof (note on Weird
Al Yankovich albums he obtains permissions (licenses) for all the song
spoofs he does).

I agree that most SCA songwriters want their songs performed and want
a wide audience, but you cannot assume that this is so.  

     Frederich Von Teufel also wrote:

<<So long as I don't start claiming that _I_ wrote them, who is being

     To which Tehair responds:

The artistic vision of the creator could be compromised, let alone
any financial interest.  What is the creator of the song had some exclusive
arrangement with a song book, or record label, or club?  You could
be getting the owner of the song in trouble with his/her third party

     Frederich Von Teufel also wrote:
<<I do try to hold to the authors wishes, when known (Born on the
<<Listfield, et al.), but with most there are no authors wishes other than
<<'enjoy!' ::Frederich shrugs::
<<        And my two additional cents on the matter, most SCA songs are not
<<written with financial gain in mind.  They are for the enjoyment of the
<<listeners, and for the personal pleasure of the author.  I personally would
<<be nothing but flattered if one of my filks turned up under the heading of
<<'Here's a really great song!'  If I felt that it was being misattributed, I
<<might leap in a set the record straight but, otherwise, I let things stand.

     To which Tehair responds:

--Again, I think that while most SCA songwriters/lyricists and performers would 
pleased, one cannot assume.  Just as one should not tape a person performing
a song and sell their rendition to another without their permission,
one should not distribute the words to their song or the music without
the permission of the creators of the song.

     Frederich Von Teufel also wrote: <<Or did I just misunderstand what you 
were trying to say?

     To which Tehair has this last thing (really) to say:

Last thought:  music is a particularly complicated area in copyright
law.  There are multiple rights that can be implicated:  the composer,
the lyricist, the performers, music labels and others who own the recording,
music unions and guilds which are due fees by performers, ASCAP/BMI
when songs are registered there...  It is a minefield of rights.  All
we need to do is ask permission first and respect the wishes of the
owner.  When in doubt don't post.

<<Scrambling down off the soap box again>>

In service,

Tehair MacDiarmada/Sue Metzler (who is a copyright attorney in her mundane

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