email at greglondon.com
Fri Apr 9 00:25:40 EDT 2004
David Dixon said:
> Thanks for all your responses.
> Evan wrote:
>> DD> - Can we legally do this, considering that the material
>> DD> Beatallica uses is copyrighted? There are no samples (except
>> DD> for a little one in "Leper Madonna"...); the music is
>> DD> performed, but the melodic and lyrical references are pretty
>> DD> obvious.
>> As far as I can tell, pretty much no. You have to clear your rights to
>> publish anything, Creative Commons license or no. There may be some
>> exception for parody under the fair use clause of US copyright law,
>> but it's shaky ground to stand on.
> I don't understand why the ground is shaky. The Supreme Court, in the 2
> Live Crew "Pretty Woman" case, unanimously agreed that parodies are
> protected speech. The Beatallica tracks are obviously parodies. So what's
> the problem?
That the 2 Live Crew "Pretty Woman" case went all the way to the
Supreme Court should be a HUGE red flag for trouble.
The legal requirement for "parady" requires subjective interpretation,
not just purely objective measures. From a purely physical standpoint,
"parady" and "create derived work" are identical. the only difference
is "intent" which boils down to the subjective decision of a judge.
> Also, since the band is giving away the music for free, it satisfies at
> least one of the "fair use" doctrines.
> cc-licenses mailing list
> cc-licenses at lists.ibiblio.org
Draft the Gift Domain:
Put Free/Libre/Open/Public licensing
concepts directly into Copyright Law.
More information about the cc-licenses