Date: Fri, 09 Oct 1998 13:06:17 -0500 (EST)
From: mn13189@WCUVAX1.WCU.EDU
Subject: Re: minstrel: filk, theft, taste and other points of argument
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> The law says you've violated his copyright, even if you don't think
> you're taking bread from his mouth. BTW, performing a song at an SCA
> event which charges admission probably means that, even though you
> don't get paid, you're going to fall under the more draconian
> provisions of the law. You should definitely not record your song on a
> CD and sell it, especially if the SCA, Inc. is involved in selling the
> CD. Playing it at a RenFair also puts the RenFair at risk of being
> sued; they may or may not have a blanket performance license, and Phil
> may or may not be covered by the organizations that sell such licenses.

I already stated that this song is not one for Ren Faire performances.
There I always do Rennasance peices or my own peices (with a few
traditional ones from 17th & 18th cent. thrown in on occasion).

Legally, yes, you are right.  I could be in trouble.  Although I doubt
seriousyl Phil would *find out* much less mind that I was singing a song
similar to his around a campfire with 7 or 8 folks listening.  Then again,
to argue against myself, my little town of Franklin, with about 2000 full
time residents, holds an annual Shortbread Bakeoff.  About a year ago we
recieved notice from Pillsbury that "Bakeoff" is a registered trademark of
theirs and we were infringing on their business by identifing our little
small town deal with their annual Bakeoff with a million dollar prise.
They were afraid people would confuse the two.  So now we have an annual
Shortbread Baking Competition instead.....  SO you never know who is
watching. . .

> > 1)  For recording period music:  I have arranged, and published in the
> > Motley Crew, a version of "The Battle at Otterburn."
> 
> If you used lyrics and music that are period, and you didn't work off
> of a tainted source, you're ok. But you have to watch out for
> arrangers, transcribers, translators, etc. who may have modified the
> original; their modifications are copyright. That's what I mean by
> "tainted".

The lyrics are all original lyrics, although I have cut and pasted some so
that the story still mkaes sense in the shortened format.  The tune I am
not quite sure of.  I have seen two printed versions of the two, neither
of which are period.  I sing something that is a mixture of the two.  

Aye,
Eogan


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