[advocacy] Question on Personal License

[L Victor Marks]

I'd like to clarify a few things you mention, Bacchus. I've been lurking
without posting much, so please don't be offended-

> About impersonations and plagiarisms, impersonation is
> almost meaningless since it is only possible as a bad
> practical joke.  In plagiarisms' case, even the record
> industry doesn't seem to care.  How many innovative
> artists are in the pop world?

Actually, plagarism is a big issue in the record industry. For one artist to
use another artist's song, in any way (samples included) the record company
that holds the rights to, or has the artist whose work is being reused's
contract, has to agree on a royalty fee for the use.

ASCAP/BMI/SESAC handle royalties for public performance rights, that is,
broadcasting, and live performances. Play something in a club, play it over
a stereo in a store, ASCAP sends in their lawyers.

A bluegrass festival promoter was accosted by ASCAP for a band that played a
Bill Monroe song. Bill Monroe is a BMI artist, so the band thought they were
in the clear- except that Ricky Skaggs had recorded a version of the same
song, and copyrighted *that version* - Skaggs is an ASCAP artist, and ASCAP
wanted their pound of flesh over it.

Outright plagarism where there isn't an attempt to negotiate payment between
record companies and artists is serious- George Harrison found out when he
was found guilty of ripping off "He's So Fine" in his "My Sweet Lord." His
defense was something to the effect of, "No, I didn't do it, and there are
only twelve notes to choose from anyhow."
He lost about 1.6 million dollars US over that.

So the "how many innovative artists are there in the pop world" question is
one asking for a potential world of hurt, for anyone who writes music,
performs, or plays back music anywhere outside of their own home.

I hope I haven't taken the discussion far afield- back to your regularly
scheduled topic.

Victor Marks

--- >8 ----
List archives:  http://www.xiph.org/archives/
To unsubscribe from this list, send a message to 'advocacy-request at xiph.org'
containing only the word 'unsubscribe' in the body.  No subject is needed.
Unsubscribe messages sent to the list will be ignored/filtered.