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Re: Copyrighting Improvised Music



Yes, in fact, there are two things that are copyrighted - the composition itself and the recording. Often when people pursue licenses to use samples of another artist's work, they need to acquire both.

There's a famous copyright case Newton V Diamond, in which the Beastie Boys acquired the mechanical (recording) license to use a sample of James Newton's "Choir" in their song "Pass the Mic". Newton's record label sold it to them without consulting Newton. Newton sued over the compositional license. (In this case, the record label held the rights to the recording and Newton held the rights to the composition.) Newton actually lost, because the "compositional element" was represented by only 3 notes on the sheet music, and that wasn't considered enough to be identifiable.


--
Matt Davignon
mattdavignon@gmail.com
www.ribosomemusic.com
Podcast! http://ribosomematt.podomatic.com
http://www.youtube.com/user/ribosomematt

On Thu, Jan 19, 2012 at 7:50 AM, Petri Lahtinen <kollegavalmentaja@gmail.com> wrote:
yes - the process of making something that is immaterial material.
Making records.

2012/1/19 Per Boysen <perboysen@gmail.com>
On Wed, Jan 18, 2012 at 10:30 PM, Dennis Moser <sinsofmachaut@gmail.com> wrote:
> "Mechanisation?" What, exactly, do you mean by this?

Guess he means the process of capturing a music recording on a physical medium.

Greetings from Sweden

Per Boysen
www.perboysen.com
http://www.youtube.com/perboysen




--
Petri Lahtinen