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udo said: Royalties? For a practice run you put online to gain feedback on how to improve? And how much of the original must be there to apply? What about derivative works that cover versions obviously are as they seldom are an exact replica of the original? Here the hairy parts start that separate the greedy from the reasonable. Someone else wrote the song. You can cover it, but they have to be paid. What is so hard to understand about that? | |
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Words are a common good. So are musical notes. And then there's the personal interpretation of a cover version. How far can one be from the original and still have to pay according to you? Rentseeking has limits too. Pills and thrills and daffodils will kill... If you don't believe me or don't get it, I don't have time to try to convince you, sorry. | |
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I think the idea that "a Youtube" video of a practice run of a song would qualify as a "public performance" is part of the issue here.
Errant, you seem to think that this would just obvious to people as your remark seems really dismissive ("What is hard to hard understand about that"?), but Udo is asking a few questions. Not just "If I cover a song, do I have to pay royalties?" Because, correct me if I'm wrong Udo, but I think Udo knows the answer to that one.
The questions he is asking are in my opinion very clear:
1) I have to pay royalties on a shared practice video?
2) How much of the original content is required to be considered a public performance of a work?
3) And then just to quote: What about derivative works that cover versions obviously are as they seldom are an exact replica of the original?
Errant, your comment I guess MIGHT answer number 1. But it assumes that there is sort of common knowledge that a publically displayed practice constitutes a performance of the original work. I personally don't think many people agree or even know that it is true (If it, in fact, is true, which I will also admit, I don't know).
But the second question remains unanswered. And this deals directly with a videos I have seen on youtube which really cover only tutorials on instrument lines not integral to the melody. For example, if one were to look up tutorials on the drumming parts of "777-9311," you would find potential drum parts played alone without a backing track just showing interpretations of how one might play the song as a drummer. In that instance, does that count as a public performance as it lacks MUCH of the original content?
And this same example leads into the topic of the third question. Derivative works. Let's look at "777-9311." From what I understand, a human is going to have a hard time playing it and won't physically be able to play it note for note as you'd need two drummers to perform the hits note for note. Does this performance qualify as a public performance of another's work?
I don't know the answers. And I think for many people, this question is sincere.
And to bring this back to Prince, I think the example of the 777-9311 is interesting because those videos are still up on on Youtube and haven't recieved a takedown notice for which I'm aware. Maybe numbers 2 and 3 don't qualify? I'm thinking those areas are not so clear UNLESS the person then plays along to the original track, which would then be taken down not because of the instrument tutorial, but because of the recording being played. [Edited 4/15/13 9:21am] "I mean I always figured you were a trip at times, but now I'm beginning to believe you're a freaking vacation." -2elijah | |
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