[Dixielandjazz] Quoted passages in songs - infringement?

Andy.Ling at Quantel.Com Andy.Ling at Quantel.Com
Tue Apr 15 07:30:09 PDT 2008


> > "PHIL WILKING" <philwilking at bellsouth.net> wrote:
> >
> > One of the tunes on Peter Schickele's first P.D.Q. Bach record 
> > (Vanguard
> > Records, the one with the orange jacket front) was the "Quodlibet." 
> > It was
> > two to four very recognizeable bars each of a whole library of big 
> > band
> > standards strung together into one symphonic joke. This was produced 
> > 40
> > years ago, but the royalty for each tune couldn't have been very 
> > much or
> > they couldn't have afforded to use the track on the record.
> 
> IMO, that would be a perfect example of the type of "parody" that is 
> exempt from royalties under Sec 107 of the copyright law and the 
> doctrine of fair use.

I guess you all need to watch the results of this case :-

http://arstechnica.com/news.ars/post/20080414-rowling-testifies-at-harry-potter-copyright-trial-this-week.html

Maybe the definition of "fair use" is about to change :^)

Andy Ling

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