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View Diary: Whoops! Romney Campaign Violates Copyright Law (Updated) (290 comments)

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  •  a copyright holder can demand a stop use (8+ / 0-)

    when they don't want their work damaged in such a manner.

    Rmoney's use could be seen as damaging the value of the song (as property) and the copyright holder could demand the campaign cease using it. He is attempting to discredit Obama in the way he's using the track.

    Obama's use of the song actually enhances the value of the piece.

    cheerleaders need not apply.

    by kravitz on Mon Jul 16, 2012 at 03:46:45 PM PDT

    [ Parent ]

    •  Not always (0+ / 0-)

      A musician can stop you from using his or her recording, but not from recording your own version of their song.  

      Music and lyrics are subject to compulsory licenses:  as long as you pay the royalty to ASCAP/BMG/whoever, you can cover a song whether the songwriter likes it or not.

      Using a recording is different, because the recording is itself a copyrighted work separate from the lyrics or music, and is not subject to compulsory licensing.  This is why a band can stop a political candidate from using their song in campaign appearances.

      In practice, however, people who don't really have legal power under copyright can cow people into complying, while people who don't have to will tiptoe carefully.  "Weird Al" Yankovik, for example, secures permission to parody songs even though it would be a slam-dunk case of fair use.

      My head says "No" but my heart says "Yes". And then my liver says "What?" and my butt's all like "Farrrrrrt" --jbou

      by Caj on Mon Jul 16, 2012 at 08:00:10 PM PDT

      [ Parent ]

      •  true, but (0+ / 0-)

        a licensing company like BMG, WarnerChappell, etc, can certainly make it rather uncomfy if there's a version of one of their songs that they think damages the property as well.

        there are different layers of rights involved in releasing a recording, so while the songwriter may not mind, others may.

        cheerleaders need not apply.

        by kravitz on Mon Jul 16, 2012 at 08:57:11 PM PDT

        [ Parent ]

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