Re: [Nolug] RMS vs Cisco (Round 1 *ding*ding*)

From: Jeremy (mailing list box) <listbox_at_unix-boy.com>
Date: Mon, 15 Dec 2008 11:46:17 -0600
Message-ID: <494697E9.4050209@unix-boy.com>

Ron Johnson wrote:
> Nothing is preventing "you" from expressing yourself by remixing PF
> albums, playing it for your friends at your own parties, or even demoing
> it for record executives to show them how talented you are.
>
> You just can't redistribute the rmix.

It isn't that simple. Rappers have had this problem because they have
taken whole songs and simply added rap "lyrics" over them. Arguably
that is clearly a derivative work. Electronic artists, however, who
craft entirely new tracks around existing melodies, like the main
refrain from "Another Brick in the Wall" are harder to pin down as
derivative works.

 From Junkipedia (Wikipedia)...

"Copyright Implications

Because remixes may borrow heavily from an existing piece of music
(possibly more than one), the issue of intellectual property becomes a
concern. The most important question is whether a remixer is free to
redistribute his or her work, or whether the remix falls under the
category of a derivative work according to (for example) United States
copyright law. Of note are open questions concerning the legality of
visual works, like the art form of collage, which can be plagued with
licensing issues.

There are two obvious extremes with regard to derivative works. If the
song is substantively dissimilar in form (for example, it might only
borrow a motif which is modified, and be completely different in all
other respects), then it may not necessarily be a derivative work
(depending on how heavily modified the melody and chord progressions
were). On the other hand, if the remixer only changes a few things (for
example, the instrument and tempo), then it is clearly a derivative work
and subject to the copyrights of the original work's copyright holder."

> Sit-ins? Oh Puh-leez. Uber-rich Harvard students pretending to give a
> rat's ass while wasting their parents' tuition.

Ron, you for about this so quickly? ;)

http://en.wikipedia.org/wiki/Greensboro_sit-ins

J

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