gil you are absolutely right. and the fact that I didn't explain it in all of its specifics doesn't, I hope, obviate my point. I should have been more careful in my explanation... I was trying to make a point so did not get into the intricacies of the analogy I was using. I should have. Good call. Sorry for the poorly drawn analogy. the copyright DOES protect my original work, whether or not I record it (as long as I write it down or perform it in public). but you are right, the law doesn't FORBID others from playing it . . . it does, however, set up a system that requires that others compensate me (or my publisher or anyone I assign the rights to) each time it gets played in public. So, for example, If it gets recorded, the publisher/record company pays me; if it gets air play, BMI/ASCAP pay me via the fees that stations pay; if it gets played in a venue, the venue's licensing fees pay me. In other words, though you CAN play it, you can't perform it anywhere in public without the law requiring my participation in the compensatory licensing process. If you play it in public (for example play it and post it to your website) it's a violation of the performance portion of the copyright protection. So while you don't need my permission, as such . . . the system that is set up for music is very much parallel to a permission system... it just substitutes licensing and royalty fees for permission and citation. On Aug 10, 2007, at 4:53 PM, Gilbert B. Rodman wrote:
Well, no. IP law *is* pretty clear about this -- at least with respect to music -- and your rights as the composer of a song DON'T prevent other people from performing/recording it. The world is filled with bad cover bands (and, to a lesser extent, good ones) precisely because it's legal to perform other people's songs without their permission. Edward Lee Lamoureux, Ph. D. Associate Professor, Multimedia Program and Department of Communication Co-Director, New Media Center 1501 W. Bradley Bradley University Peoria IL 61625 309-677-2378 <http://slane.bradley.edu/com/faculty/lamoureux/website2/index.html> <http://gcc.bradley.edu/mm/> AIM/IM & skype: dredleelam Second Life: Professor Beliveau