Message-Id: <19981009180914.21625.qmail@hotmail.com>
From: "Donald Riney" <dariusobells@hotmail.com>
To: minstrel@pbm.com
Subject: Re: minstrel: filk, theft, taste and other points of argument
Content-Type: text/plain
Date: Fri, 09 Oct 1998 11:09:14 PDT
Sender: owner-minstrel@rt.com
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Ok so how much do branches, the SCA and counltess renfaires owe in 
royalties for performances of "Happy Birthday"? not to mention those who 
have a private party at conventions and so on. It is a copy righted 
peice. Frankly I have no memory of who wrote it off the top of my head 
nor have I ever heard it credited. I only know it's copyrighted due to 
an article in a reputable Magazine. I do not advocate copyright 
infringment.repeat I do not advocate copyright infringment.  Without 
learning peices writen and recorded profesionaly Many SCA Perfoemers 
would never have anything to sing. Shall we then come down on our new 
performers for this practice and drive them out of the game entirely? 
Some where in this conversation there must be a middle ground.

Darius of the Bells
Elfsea, Ansteorra
life is good in elfsea!

>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
>
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