RE: [dvd-discuss] Gaming the system (was: Specific ironies of the CTEA)

[Joshua Stratton <cpt(at)gryphon.auspice.net>]

On Fri, 13 Dec 2002, Ballowe, Charles wrote:

> > I don't think so.  But that individual could not make
> > a recording of his own performance of that song and
> > distribute that w/o paying royalties.
> > 
> What about a performance that is an imitation of the recording?
> Each artist that records a song is going to do so with their own
> twist. Compare CCR's "I put a spell on you" to Marilyn Manson's.

It doesn't matter. That's still considered to be a performance. Copyright 
doesn't extend to covering a person's voice or their style of performing. 
Soundalikes are a performance, and would have to pay a cover license fee, 
regardless of how similar it would be to the public domain recording.

OTOH, a litigant might try to sue under some sort of publicity right. See 
Midler v Ford Motor Co., 849 F.2d 460 (9th Cir 1988).