"George" <markobeirne@oceanfree.net> wrote in message
news:bf03f23e.0309231050.92395f@posting.google.com...
> If a band records a cover song and puts it on their website - is it a
> copyright infringement and can they get in trouble over it. New band
> from Ireland to launch website soon and I will tell ye all about
> it.....
Copyright can for example, subsist in the written score, the music (melody),
the lyrics and the recording of the ORIGINAL , AND (for each of those) of
the cover version (i.e. from another musician / band) you are creating.
You would need to ensure that for each of whatever it is you are copying
(which depending on the jurisdiction usually includes phrases such as
"substantial similarity", to include copies other than literal copies) you
1) Identify the owner of the copyright - if such an owner exists - it could
be that the copyright has "expired". This varies depending on the
jurisdiction (e.g. country) and the subject of the copyright (melody, lyrics
etc) . The owner(s) is/are USUALLY (in the first instance) the author(s),
however some or all of the copyright(s) is are often assigned (in writing).
2) Obtain WRITTEN permission from the "owner(s)" to make the copy/copies.
Written permission is normally a requirement in regards to property
(intellectual as in this case or otherwise). The permission should state
both the domain of ownership (does the "owner" only have rights for certain
periods of time or certain countries) and list any restrictions for the
purposes of copying - or make it clear that it is "World Wide". If
restrictions include certain countries it will be difficult (not impossible)
publish on the internet.
3) Pay any licence fees.
Note that if the "owner(s)" have misled you regarding the domain of
ownership (e.g. period and or jurisdiction) then there could still be
breaches of copyright (against the true owner(s)) , however the courts, in
cases I have seen have not given exemplary damages as there was no intent.
Apart from that it is pretty simple really ....
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