[Air-L] music and permissions

Ed Lamoureux ell at bumail.bradley.edu
Fri Aug 10 15:07:14 PDT 2007

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  

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
AIM/IM & skype: dredleelam
Second Life: Professor Beliveau

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