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Brian_J
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Music Copyright Question
« on: Jun 14th, 2006, 9:27am »
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Hello:
 
I have a hypothetical question which I would like to ask those more knowledgable than myself Huh
 
My friend has a copy of a record which I play at the wrong speed and make a recording of the sound produced.
 
Will I be infringing copyright if I then try to sell this recording?
 
 
Many thanks in advance for your time.
 
Brian
 
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Isaac
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Re: Music Copyright Question
« Reply #1 on: Jun 14th, 2006, 9:44am »
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IMO, by making the recording you would be creating an unauthorized derivative work.  Absent an exception to infringement, and I can think of a few that might at least arguably apply, simply making the derivative work would be infringement.
 
Selling the recording would include distribution with would be infringing as well, and IMO even fewer exceptions are likely to apply.
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Isaac
Brian_J
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Re: Music Copyright Question
« Reply #2 on: Jun 14th, 2006, 10:03am »
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on Jun 14th, 2006, 9:44am, Isaac wrote:
IMO, by making the recording you would be creating an unauthorized derivative work.  Absent an exception to infringement, and I can think of a few that might at least arguably apply, simply making the derivative work would be infringement.
 
Selling the recording would include distribution with would be infringing as well, and IMO even fewer exceptions are likely to apply.

 
Hiello Isaac:
 
thanks for taking the time to answer my question.
 
It would be an 'unauthorized derivative work' then...
 
Back to the drawing Board Grin
 
Thanks again... Cool
 
Brian
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JSonnabend
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Re: Music Copyright Question
« Reply #3 on: Jun 14th, 2006, 11:45am »
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If the original work were sufficiently slowed, I wonder if it might qualify as a "transformative" use, falling under the fair use exception to infringement.
 
- Jeff
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SonnabendLaw
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Isaac
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Re: Music Copyright Question
« Reply #4 on: Jun 14th, 2006, 2:04pm »
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on Jun 14th, 2006, 11:45am, JSonnabend wrote:
If the original work were sufficiently slowed, I wonder if it might qualify as a "transformative" use, falling under the fair use exception to infringement.
 
- Jeff

 
A mechanical slowing to a fixed speed wouldn't seem to be creatively transformative.   I'm skeptical but not authoritatively so.    
 
I'm not completely sure that the result of slowing makes a derivative work rather than just a bad copy, but I don't think that changes the analysis much.
 
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