Message-Id: <199810091624.MAA11570@xkey.com>
Subject: Re: minstrel: filk, theft, taste and other points of argument
To: mn13189@WCUVAX1.WCU.EDU
Date: Fri, 9 Oct 1998 12:24:43 -0400 (EDT)
From: "Greg Lindahl" <lindahl@pbm.com>
Cc: minstrel@pbm.com
In-Reply-To: <Pine.PMDF.3.95.981009110101.549667506C-100000@WCUVAX1.WCU.EDU> from "mn13189@WCUVAX1.WCU.EDU" at Oct 9, 98 11:25:54 am
Content-Type: text
Content-Length: 1892      
Sender: owner-minstrel@rt.com
Precedence: bulk

> Lastly, I am aware that Phil Colclough is a professional musician, and has
> copywrighted material.  But I am not.  So, when I perform my "Song For
> Atlantia" based on his "Song for Ireland" am I really taking bread out of
> his mouth?  How so?

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.

On the other hand, publishing the words and saying "to the tune of X"
is not a copyright violation unless you copied a substantial portion
of his words, which you may very well have.

And finally, since you gave him credit, you have not plagarized his work.

> 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".

> Should I only perform this peice or record this peicein it's
> entirety?

Since it isn't copyright, nobody can stop you. You probably mention
that you cut it down from 30 to 10 verses, so academically speaking,
you did The Right Thing. If it were copyright, the owner might ask
that you perform it a certain way. That isn't an issue in this case.

-- gb

-------------------------------------------------------------------------
To unsubscribe from this list, send email to majordomo@pbm.com containing
the words "unsubscribe minstrel". If you are subscribed to the digest version,
say "unsubscribe minstrel-digest". To contact a human about problems, send
mail to owner-minstrel@pbm.com