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

Mario Pena mpena at safecreative.org
Wed Jan 14 06:25:17 EST 2009


Hi,

Amelie from Jamendo tells me the song has been removed.

Thanks

On Wed, Jan 14, 2009 at 8:59 AM, Dr. Peter Troxler (Waag Society)
<peter at waag.org> wrote:
>
> 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
> >> _______________________________________________
> >> cc-community mailing list
> >> cc-community at lists.ibiblio.org
> >> 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
> > --------------------------
> >
> > _______________________________________________
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> > http://lists.ibiblio.org/mailman/listinfo/cc-community
>
> / Peter Troxler
> / Senior Project Manager
> / Waag Society :: Nieuwmarkt 4 :: 1012 CR Amsterdam :: The
> Netherlands :: +31 20 557 9898
>
>
>
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Mario Pena (Community and Business Developer)
mpena at safecreative.org
http://www.linkedin.com/in/mariopena
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Tel: (+34) 606 974 812


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