[cc-community] cc licensing of covers of ARR songs?
Dr. Peter Troxler (Waag Society)
peter at waag.org
Wed Jan 14 02:59:10 EST 2009
Ed Pybus and Jessica Coates point to "cover licenses" in the UK and AU
this is interesting, but I would like to see some evidence which I was
not able to dig up easily so far. the only thing I found was that in
Australia the rights owners may not decline giving a license for a
cover song (which of course does not force them to give that license
for free) (http://www.infoshop.com.au/page.cfm?PageCode=music_guide)
/ pt
> 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
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>>
>>
>>
>
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/ Peter Troxler
/ Senior Project Manager
/ Waag Society :: Nieuwmarkt 4 :: 1012 CR Amsterdam :: The
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