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   Author  Topic: Music mixes and property rights  (Read 3492 times)
sonic
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Re: Music mixes and property rights
« Reply #5 on: Jun 15th, 2006, 12:41pm »
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Thank you, Isaac, that's exactly what I needed to know. This is a great forum, glad to have found it.
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blos
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Re: Music mixes and property rights
« Reply #6 on: Jun 22nd, 2006, 9:12pm »
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Re: Isaac's statement:  "For example, if a person holding the copyright in the source material got hold of the mix, you would not have a right under copyright law to stop him from distributing the mix in those circumstances."  
 
Just curious if anyone familiar with case law supporting the ability of the owner of the underlying work to use those elements added by the remixer/reviser.  What if owner of underlying work was present while mix was being made and did not object, but then took mix and released it without any agreement with remixer?
 
What if someone, observing a recording session, adds music or lyrics to a song, but has no agreement with the writers?
 
Thanks.
« Last Edit: Jun 22nd, 2006, 9:13pm by blos » IP Logged
Isaac
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Re: Music mixes and property rights
« Reply #7 on: Jun 23rd, 2006, 6:12am »
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on Jun 22nd, 2006, 9:12pm, blos wrote:
Re: Isaac's statement:  "For example, if a person holding the copyright in the source material got hold of the mix, you would not have a right under copyright law to stop him from distributing the mix in those circumstances."  
 
Just curious if anyone familiar with case law supporting the ability of the owner of the underlying work to use those elements added by the remixer/reviser.  What if owner of underlying work was present while mix was being made and did not object, but then took mix and released it without any agreement with remixer?

 
Finding a case cite using only Internet searches turned out to be more difficult than I thought.   I did come up with a case   Anderson v. Stallone, 11 U.S.P.Q. 2d 1161 (C.D. Cal. 1989), in which Stallone successfully defended himself in a copyright infringement suit by arguing that Anderson's work was an unauthorized derivative work based on Stallone's work.
 
Hope this link doesn't break   Tongue
 
http://www.kentlaw.edu/e-Ukraine/copyright/cases/anderson_v_stallone.htm l
 
Quote:

What if someone, observing a recording session, adds music or lyrics to a song, but has no agreement with the writers?
 
Thanks.

 
I'm not sure where you are going with this question.
 
In the case where the contributions are separable, the person doing the adding might have a copyright in his own creative portion.   The result might be different from the situation involving a mix.
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Isaac
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Re: Music mixes and property rights
« Reply #8 on: Sep 13th, 2006, 2:00pm »
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I am in a similiar boat , or as they say in Vietnam: "same same, but different."
 
I am having someone do a remix for me on spec, and trading him lyrics and melody for one of his songs in return. Our agreement is each party will be 50% owner of the resulting songs.  
 
But since mine is a remix, and the orginal is already copyrighted, and I do not intend to give away 50% of the original song, can I register the remix as a derivative work and not affect the orginal copyright?  
 
Thanks!  
 
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Isaac
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Re: Music mixes and property rights
« Reply #9 on: Sep 13th, 2006, 4:37pm »
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on Sep 13th, 2006, 2:00pm, cousin isaac wrote:
But since mine is a remix, and the orginal is already copyrighted, and I do not intend to give away 50% of the original song, can I register the remix as a derivative work and not affect the orginal copyright?

 
You could do that, but I'm pretty sure that doing so would not accomplish what you want.    
 
Instead I think you are going to have to use a written agreement spelling out exactly what the rights of each person are going to be, and how royalties etc are to be split.
 
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Isaac
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