[Dixielandjazz] Copyright protection concerning reproduction or modification of existing phonorecords.

[Steve Barbone]

Regarding Copyright protection of an existing work. Here is the actual law
pertaining thereto. This in reference to Kenny G's reproduction of an
existing, and copyrighted Louis Armstrong phonorecord. (WWW)

It is fairly clear that Kenny G could not reproduce or prepare a derivative
work based upon an existing Copyrighted work by Louis Armstrong without the
permission of the copyright holder.

This differs from licensing a song. One can license the song, WWW anytime
and put one's own version on a CD, for about 8 cents per thousand produced.
That license must be granted. However, one cannot reproduce someone else's
already copyrighted version of that song without reaching a very different
agreement with the owner of the copyright, because that right is exclusive
to the owner and need not be granted to anyone else.

Cheers,
Steve Barbone


REPRODUCTION RIGHTS: (Summary in laymen's language)

The reproduction right is perhaps the most important right granted by the
Copyright Act. Under this right, no one other than the copyright owner may
make any reproductions or copies of the work. Examples of unauthorized acts
which are prohibited under this right include photocopying a book, copying a
computer software program, using a cartoon character on a t-shirt, and
incorporating a portion of another's song into a new song.

It is not necessary that the entire original work be copied for an
infringement of the reproduction right to occur. All that is necessary is
that the copying be "substantial and material." (LIKE G's WWW)

AND HERE ARE THE ACTUAL LAW SECTIONS (snipped for brevity)

§ 106. Exclusive rights in copyrighted works

Subject to sections 107 through 122, the owner of copyright under this title
has the exclusive rights to do and to authorize any of the following:

(1) to reproduce the copyrighted work in copies or phonorecords;

(2) to prepare derivative works based upon the copyrighted work;

(3) to distribute copies or phonorecords of the copyrighted work to the
public by sale or other transfer of ownership, or by rental, lease, or
lending;

(4) in the case of literary, musical, dramatic, and choreographic works,
pantomimes, and motion pictures and other audiovisual works, to perform the
copyrighted work publicly;

(5) in the case of literary, musical, dramatic, and choreographic works,
pantomimes, and pictorial, graphic, or sculptural works, including the
individual images of a motion picture or other audiovisual work, to display
the copyrighted work publicly; and

(6) in the case of sound recordings, to perform the copyrighted work
publicly by means of a digital audio transmission.

SNIP TO SECTION 114:

(b) The exclusive right of the owner of copyright in a sound recording under
clause (1) of section 106 is limited to the right to duplicate the sound
recording in the form of phonorecords or copies that directly or indirectly
recapture the actual sounds fixed in the recording. The exclusive right of
the owner of copyright in a sound recording under clause (2) of section 106
is limited to the right to prepare a derivative work in which the actual
sounds fixed in the sound recording are rearranged, remixed, or otherwise
altered in sequence or quality.