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View Diary: Plagiarism: not illegal, apparently (26 comments)

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  •  Does Coulton hold the copyright? (1+ / 0-)
    Recommended by:
    johnny wurster

    They are only obligated to get permission from the copyright holder directly, or their representative (such as ASCAP, BMI, etc). You can be sure that the network got a Synch license for the material. That has to be standard operating procedure for that show. There is no reason that the song writer would necessarily know about this usage prior to receiving the royalty check next year - if they don't hold the copyright they might not ever find out. Legally, that is A-OK.

    These capitalists generally act harmoniously and in concert, to fleece the people... -Abraham Lincoln

    by HugoDog on Fri Feb 08, 2013 at 09:37:44 AM PST

    •  As far as I understand (0+ / 0-)

      A new arrangement of  copyrighted song is considered a derivative work and the original songwriter remains the copyright holder.

      •  Not if just got a statutory license, (1+ / 0-)
        Recommended by:
        HugoDog

        which would deprive him of any copyright in a derivative work.

        http://madisonian.net/...

      •  that's true. (0+ / 0-)

        The songwriter may have sold the copyright, however, or it may have been a work for hire.

        But yes, the derivative work may have its own separate copyright.  This is even in the case when the original is in the public domain. So if you are using a specific arrangement, you might need to get clearance for the original song and for the arrangement.

        Also, and this doesn't apply in this case, but a performance can also have a separate copyright. So if you are using a recording of a song, you need to get clearance from both the songwriter, and the performer (or their respective agents).

        These capitalists generally act harmoniously and in concert, to fleece the people... -Abraham Lincoln

        by HugoDog on Fri Feb 08, 2013 at 10:36:05 AM PST

        [ Parent ]

        •  It may apply. (0+ / 0-)

          From the linked article above, it seems that there is a possibility that the Glee people used Coulton's actual recording of the song, or part of it, in putting together their recording.  Apparently, all that's available of the Glee track is an mp3, and the compression makes it difficult to determine if it's Coulton's track or just a sound-alike.

          •  It would be hard for me to imagine (0+ / 0-)

            that the network doesn't have somebody who's main job, or at least a significant part of their job, is the necessary licenses.  I know in my case I've had performances of my music that I knew nothing about until my checks from SOCAN came through. Don't have any idea how the performers got my stuff, but it was very legal, they received permission to do it by working with SOCAN, and I happily cashed the checks.

            These capitalists generally act harmoniously and in concert, to fleece the people... -Abraham Lincoln

            by HugoDog on Fri Feb 08, 2013 at 11:31:58 AM PST

            [ Parent ]

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