[cc-community] cc licensing of covers of ARR songs?

drew Roberts zotz at 100jamz.com
Tue Jan 13 20:39:27 EST 2009


On Tuesday 13 January 2009 19:09:57 Jessica Coates wrote:
> We've got a statutory licence that lets you record cover songs in
> Australia..
>
> I'm not an expert on the provision, but my instinct would be that it
> probably doesn't give you all the rights you need to release your new
> version under BY-SA.
>
> But you can understand how it might be confusing for musicians - if they
> can record the song, surely they can release it under their normal licence.

So do we need better educational materials?
>
> Jessica

all the best,

drew
>
>
>
> In the UK anyone is allowed to 'cover' any song, as longs as you don't
> alter the song (I forget the exact legal terms but a straight cover is
> always OK a re-arrangement is sometime OK a re-interpretation needs the
> rights holders permission). In the past this wasn't a problem since
> every piece of physical product had to have a MCPS license before it
> could be manufactured (even if the CD was going to be given away - the
> biggest cost of a 'free' cover mount CD is usually the MCPS license),
> which paid the songwriters royalty, so McCartney Lennon would get the
> same royalty (as songwriter) if they recorded the song or if someone
> else did.
>
> Now I'm not sure where this entitlement to record a cover version comes
> from - if it's tied to the MCPS then I guess they could say if the
> website in questions has a MCPS license then it's fine, if not then it's
> not fine (eg iTunes pays a cut of each sale to the MCPS). If however
> there some kind of statutory right to record a cover version of a song
> then I guess that's different. In either case what's to stop, say, the
> Bootleg Beatles recording the entire Beatles catalogue and releasing it
> via iTunes?
>
> And how does a CC license work with a piece of music- is it the
> recording that's released under the CC license or is it the 'song' - two
> very different things.
>
> Anyway the short answer is I don;t know about Jamendo but'll be
> interested to see what others think!
>
> Cheers
> Ed
>
> drew Roberts wrote:
> > Can someone comment on what is going on here:
> >
> > http://www.jamendo.com/en/album/24336
> >
> > The license shown for the songs on this album is:
> >
> > http://creativecommons.org/licenses/by-sa/3.0/
> >
> > Yet track 4 is a cover of Please Please Me by Lennon and McCartney.
> >
> > Is this supposedly OK to do? Is this a country by country thing?
> >
> > I would have thought this could not be legally done...
> >
> > all the best,
> >
> > drew
> > _______________________________________________
> > cc-community mailing list
> > cc-community at
> > lists.ibiblio.org<http://lists.ibiblio.org/mailman/listinfo/cc-community>
> > http://lists.ibiblio.org/mailman/listinfo/cc-community
>
> --
> --------------------------
> S L    R E C O R D S
> +44 (0) 131 466 2009
> +44 (0) 7930 536 963
> ed at slrecords.net<http://lists.ibiblio.org/mailman/listinfo/cc-community>
> --------------------------
>
>
>
>
> Jessica Coates
> Project Manager
> Creative Commons Clinic
> Queensland University of Technology
>
> ph: 07 3138 8301
> fax: 07 3138 9395
> email: j2.coates at qut.edu.au
>
>
>
> !DSPAM:496d2df632771430834013!




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