The Logic Off Topic list

logic-ot@yahoogroups.com wrote:

> Message: 19
>    Date: Thu, 5 Jul 2001 10:01:05 +0900
>    From: Dennis Gunn <mightyjohn@...>
> Subject: Re: Stones
>
> For example Prince copies a song off an album by totally unknown
> artist Ecnirp and does a very memorable keyboard solo which makes the
> song a hit for Prince which makes Ecnirp happy because he gets the
> royalties.  Then PeeWee Herman writes a Megahit around his verbatim
> ukulele performance of the prince solo.   In that case Peewee owes
> Ecnirp nothing.  And since Prince's solo was not a copy written part
> of the original PeeWee also owes him nothing,  furthermore he didn't
> use any of Prince's actual recording then PeeWee doesn't owe Prince
> anything for the performance either.
>
> Is this correct?
> --

I'm not sure about foreign copyright law, but in America, arrangements can be
copyrighted.  However, there's this (seemingly) subjective phrase in the law about
"sufficient new material."  In your examples, that would be pretty dicey, but it
is conceivable that Prince's solo could be such a phrase that would fall into that
category.  Next, since it would fall under something "well known," as you
described as "recognizable," it would be pretty hard to deny the source and
originality of it, and the timing of it's "publication."  To avoid such issues,
all of the sampled sounds and phrases I've seen for sale on Sample CDs for
instance, have a disclaimer essentially releasing everything on the disk as "for
use in the creation of musical composition."  Same with keyboard sounds, and if
someone had an issue with it, the musician using them couldn't be sued, but the
manufacturer could be.

Years ago (LONG before samplers), I did some studio sessions and the studio owner
came in after a long mix session and told the engineer to break out the rhythm
section parts and save them.  I asked him what he meant and was told they used
drum parts, bass parts and "other" parts in industrial films and some
commercials.  I thought that unfair at the time and yet, I understand how they got
away with it. Simply because as snippets, these things were totally
unrecognizable.  Hrmpf.  Anyway, you gotta draw the line somewhere, and it's
always the session guys that get screwed.  You can create a bass part or guitar
solo that everyone agrees, sells the tune.  But, what do you get?  Session fees,
and that's it.  Ah, reality.  :(

So, the answer to your question is "maybe."

Regards,
...z


Eat well, stay fit, die anyway...

-- =---Seek the truth, speak the truth!---= --

L.G. "Zeek" Duff
WHAT!Productions!
Blue Wall Studio
303.485.9438
ICQ#35974686