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Originally Posted by gideongallery
re read the copyright act moron
the copyright holders monopoly only extends to direct revenue not indirect revenue.
if you record a cover and SELL that cover you need to pay royalties,
but the courts have recognized that indirect revenues (like selling a vcr for 1k) is not covered by the monopoly of the copyright holder
doing your own version of someone elses song, and selling your original songs to people who think your cover version is better is exactly the free speech that fair use was designed to protect.
commentary like listen to my version of "gimie more" is valid free speech.
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This is mostly what I meant. There are a lot of people out there that record cover versions of songs, put them up on places like YouTube and then sell their version of that song on iTunes, Amazon etc. I would love to see how many of those people are actually paying the original writer/publisher royalties. I would guess it is very few.
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and this is exactly the situation i was talking about
if you need to get permission to do covers, record companies could force you to sign away all your IP just to get the right
the sign with us or fail senerio is all you would have.
the artist/record companies lose nothing from cover songs being given away on youtube, becaue the only people who would not buy the original would be the people who PREFER the unique cover version
The record companies are not entitled to that money.
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If they force sites like isohunt to filter keywords could a person not just record a cover then contact isohunt (or whatever site they want to put their song on) and tell them that this is a cover song, not the original and all would be good? I have never seen nor heard of the labels trying to force people to get permission in order to do a cover.
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when you write a completely original story that doesn't borrow any elements from any previous work in existance then you can talk
free speech has a right to be derivative
hell commentary is ALWAYS derivative since you must comment on something.
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There is a big difference between writing something that might have a few derivative elements and copying something word for word.