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

["Ballowe, Charles" <CBallowe(at)usg.com>]

> -----Original Message-----
> From: Richard Hartman [mailto:hartman@onetouch.com]
> Sent: Friday, December 13, 2002 10:46 AM
> To: dvd-discuss@eon.law.harvard.edu
> Subject: RE: [dvd-discuss] Gaming the system (was: Specific ironies of
> the CTEA)
> 
> 
> 
> > -----Original Message-----
> > From: Jeremy Erwin [mailto:jerwin@ponymail.com]
> > Sent: Thursday, December 12, 2002 5:34 PM
> > To: dvd-discuss@eon.law.harvard.edu
> > Subject: Re: [dvd-discuss] Gaming the system (was: Specific 
> ironies of
> > the CTEA)
> > 
> > 
> > Interesting. Suppose the recording enters the public domain, 
> > before the 
> > song does. Technically, the recording is a derivative work of 
> > the song. 
> > If an individual chooses to distribute the now PD recording, 
> > could his 
> > actions be thwarted by the songwriter's estate?
> > 
> 
> 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.

-Charlie