[Dixielandjazz] Re: Was Copyright, now; We all sound the same to them!

Dan Augustine ds.augustine at mail.utexas.edu
Fri Aug 6 18:52:24 PDT 2004


All--
     Interesting idea, what?  Do ASCAP/BMI etc. employ actual 
musician-types, who can read chords, understand melodies and their 
variations, etc.?
     HOW does one tell, in point of fact, that one tune is 
sufficiently similar to another to invoke a copyright-infringement? 
I mean, i have a Ph.D. in music theory, and they didn't teach us how 
to do that.  How do judges do it?  Are judges musicians?
     What are the precise technical similarities in both chord and 
melodic configurations that determine that one tune is a knock-off of 
another?
     What are the penalties if a judgement is levied against you? 
Enforceable? Internationally?
     Lots of questions....

     Dan

P. S. Unfortunately, we of the ilk who produce original tunes or 
items are buggered.  How do we get paid for our creativity in the 
world of  computer-copying?  Should we nationalize ASCAP and BMI? 
Should anyone who publishes a piece be granted a government-endowed 
subsidy? (Sounds good to me.)
------------------------------------------------------------------------------
>From: "Richard Stevens" <thejazzfactory at ozemail.com.au>
>To: "Djml" <dixielandjazz at ml.islandnet.com>
>Date: Sat, 7 Aug 2004 09:29:43 +1000
>Subject: [Dixielandjazz] Was Copyright, now; We all sound the same to them!
>
>Hi All,
>I know a musician in Sydney who has released a number of CDs with all songs
>from "the Book" retitled. He reckons that NO ONE from a court or stooge
>driving a black BMW will know that his version is not original. A run of 500
>or so CDs is not worth the effort for anyone to try to prove otherwise! 
>
>regards,
>Richard Stevens
>www.thejazzfactory.net

-- 
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**  Dan Augustine    Austin, Texas   ds.augustine at mail.utexas.edu     **
**    From the California Civil Code, "Maxims of Jurisprudence":      **
**              "#3537. Superfluity does not vitiate."                **
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