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#205469 by Mike Nobody
Sun Feb 17, 2013 10:26 pm
PaperDog wrote:
MIke,
FYI: Technically, when an artist takes an existing peice of work and parody's, adds, changes, etc, and ultimately delivers it, the courts call the resulting work a 'derivative'. All derivative work, requires the permission of the original work's author(s). When Al Yankovich parodied Michael jackson's work per se, he had to notify the Jackson camp, obtain their permission ( and probably paid whatever due royalties they demanded) .

Parody is indeed protected free speech, however, authorship/Copyright ownership is also protected.

We all violate it from time to time... Its doubtful that most of it gets pursued, (at least when it occurs outside the circle of mainstream mechanisms) nBut if you ever have doubts, just ask permission to use. If they decline, then its probably a good idea to move on tp something else.

I'm in a pecular situation right now.. My Homemade Remedies video... I used what I thought were stock photos and there is this one where there's a guy with a monicle and top hat selling a bottle of SOS (Snake il Salesman) . I saw this and thought how cool ot woul be to use it in conjunction with the lryics/ etc.

It turns out there is a band in NY that actually uses that photo as their official representation. Whoops... I just violated a Copyright. I don't worry too much about it cause I'll be taking down that video soon, anyway... I'm als guessing those guys stole the pic from somewhere, somebody else...


Well, yes and no.

A derivative work generally requires permission.
A parody does not.
The law can be awfully vague on specifics and is usually decided on a case-by-case basis.
The court decisions are sometimes contradictory.

"Weird Al" asks for permission as a courtesy to the original artists AND as a way to cover his butt if they decide to sue.
He recorded a Billy Joel parody song once called "It's Still Billy Joel To Me".
He just mercilessly rips BJ a new one through the whole song.
There is just no way in Hell that BJ would authorize it.
It is still protected free speech, even though Billy Joel would probably like to have every copy in existence destroyed.
"Weird Al" decided not to sell this song commercially to avoid legal hassles.
It is often found on freebies given to fan club members and aired on the Dr. Demento Show.

If I make McDonald's logo t-shirts that spell "McShitburgers", likewise, they can't touch it.
It is a direct comment on their business and protected by the First Amendment (of THE UNITED STATES CONSTITUTION, RG!).

Now, a good example of a purely derivative work would probably be John Oswald's "Plunderphonics" CD.
He created a CD, out of his own pocket, and gave thousands away.
The recordings were re-edited and remixed versions of popular artists like Metallica, Captain Beefheart, Elvis Presley, Dolly Parton, etc.
His works were not intended to be viewed as simply remixes, but as derivative works with their own artistic intent.
I actually happen to support that, creating new art & junk from other art & junk.
The major labels & the RIAA didn't agree.
The Canadian government seized all copies of the CD and ran 'em over with a steamroller, literally crushing his work.

Everyone does violate it all the time, without even thinking of it.
Every time someone sings "Happy Birthday", without paying a stupid royalty, they violate it.

I think the issue of copyright law is gonna be continued to be wrestled with for a long time.
The Beastie Boys' classic album "Paul's Boutique", for example, COULD NOT have been made today with the way the laws have changed.
It would be both cost prohibitive and a legal nightmare trying to get permission for EVERY SINGLE SAMPLE.


Image

#205470 by Mike Nobody
Sun Feb 17, 2013 10:47 pm
George Carlin - Mickey Mouse
http://youtu.be/qt9WNI8LI9M



George Carlin - Reviewing The Freak Show
http://youtu.be/iKmUPEeyYsU

#207501 by Mike Nobody
Tue Mar 05, 2013 3:03 pm
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#208333 by Mike Nobody
Sat Mar 09, 2013 11:22 pm
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#208334 by JCP61
Sat Mar 09, 2013 11:45 pm
show me something original
and I just might consider it

#208341 by Mike Nobody
Sun Mar 10, 2013 2:18 am
JCP61 wrote:show me something original
and I just might consider it


Oh?
The donations thing?

It might be awhile before we've got anything new posted.
Right now it is just old stuff.

I've probably mentioned it a thousand times already.
But, our studio computer is temporarily out-of-order.
Some of our other gear also needs repairs, but we are making-do with what we've still got.

This is a recent recording I tried making with the living room computer and whatever cheap microphones would fit in the audio jack.
The sound quality is crap, though.

https://soundcloud.com/mikenobody/mike-nobody-beatle-bass-solo

I'm playing my Beatle bass copy here.
I wrote this way back when I was about 15-16 years old.
My girlfriend likes it and wants to add more instruments.
So, it will probably be on our "to-do" list when we've got the studio computer working again.

#208348 by Mike Nobody
Sun Mar 10, 2013 2:49 am
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#208354 by Mike Nobody
Sun Mar 10, 2013 3:13 am
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#208368 by JCP61
Sun Mar 10, 2013 11:06 am
I am not a believer in judging a composition based on sound quality.
sound quality has nothing to do with a good grouping of notes.

you can easily see a good composition on paper.

but as you say you have nothing ready for sale rent or otherwise.
soooooooo.

sew buttons

#210027 by Mike Nobody
Sat Mar 23, 2013 6:08 pm
Image

Well, it looks like the old studio computer is DEAD.
The hard drive isn't really the problem after all.
It is the motherboard that is screwed-up.
So, I guess we need to replace the computer altogether.
I will be looking around for a decent system compatible with our other hardware/software.
We will be working with what gear we have left and try to have some new material ready to record by the time we replace the computer (whenever THAT is).
Stay Tuned.

#210047 by RGMixProject
Sat Mar 23, 2013 11:04 pm
Well you now just proved it.

Your F.U.C.K.ing NUTS!



But thats ok, your still east of the Mississippi I hope, for your sake.

#210106 by Mike Nobody
Sun Mar 24, 2013 4:22 pm
RGMixProject wrote:Well you now just proved it.

Your F.U.C.K.ing NUTS!



But thats ok, your still east of the Mississippi I hope, for your sake.


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#210116 by Mike Nobody
Sun Mar 24, 2013 5:35 pm
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#210117 by JCP61
Sun Mar 24, 2013 5:55 pm
then why are you putting so much effort in to doing it then?

:D

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