[Dixielandjazz] Quoted passages in songs - Infringement?

[Larry Walton Entertainment - St. Louis]

Fair use doesn't mean free does it?  I thought that was the doctrine that 
said you could use anyone's  copyrighted work without permission but you had 
to pay them for it.  Meaning no one could have exclusive right to a song an 
example might be a tune by let's say Dolly Parton.  She would not be able to 
stop someone from singing her song providing they paid a fee to the 
copyright holder.  Isn't that fee a set amount?

As I see it there is a difference between parody or satire and copying.  I 
could see how that would work in the case of a rap tune which typically has 
no music but only rhythm and words.  Words can make fun of or change the 
meaning but notes only?

To me anyway a parody is different than a quote as done by most musicians. 
See below.
Larry
STL

from Wikipedia
A parody (pronounced ['p???di?]), in contemporary usage, is a work created 
to mock, comment on, or poke fun at an original work, its subject, or 
author, by means of humorous or satirical imitation. As the literary 
theorist Linda Hutcheon (2000: 7) puts it, "parody . is imitation with a 
critical difference, not always at the expense of the parodied text." 
Another critic, Simon Dentith (2000: 9), defines parody as "any cultural 
practice which provides a relatively polemical allusive imitation of another 
cultural production or practice."

Parody may be found in art or culture, including literature, music, and 
cinema. Parodies are colloquially referred to as spoofs or lampoons.

----- Original Message ----- 
From: "Stephen G Barbone" <barbonestreet at earthlink.net>
To: "Larry Walton" <larrys.bands at charter.net>
Cc: "Dixieland Jazz Mailing List" <dixielandjazz at ml.islandnet.com>
Sent: Monday, April 14, 2008 8:29 PM
Subject: [Dixielandjazz] Quoted passages in songs - Infringement?


>A successful defense against copyright infringement is the doctrine of 
>"fair use". Problem is only case law can be used as precedent. There  is no 
>clear definition of "fair use" in written laws. Parody qualifies.
>
> The relevant Supreme Court case on parody is Campbell v. Acuff-Rose 
> Music, Inc. It involved the song "Oh Pretty Women". 2 Live Crew, a rap 
> group, wrote new lyrics to Roy Orbison/William Dees song. The  publisher 
> of the original song sued, because he didn't like the lyric.
>
> The court said IN THIS CASE that since the rap song parodied the  original 
> song, it was protected by the fair use doctrine.
>
> Quoting other songs during a jazz rendition of a particular song could  be 
> considered a parody. And thus would be considered "fair use" under  the 
> case precedent above.
>
> Below is an analysis of the "amount & substantiality" of fair use.
>
> The third factor analyzes the amount and substantiality of the copying  in 
> relation to the copyrighted work as a whole. The crucial  determination is 
> whether the quality and value of the material copied  from the original 
> copyrighted work is "reasonable" in relation to the  purpose of copying. 
> Regretfully, there is no black and white rule that  sets forth an absolute 
> ratio or quantity of words that may be used of  the original work that 
> would ensure a finding of fair use. Instead  there have been circumstances 
> where a court has found that the use of  an entire work was fair use while 
> under different circumstances the  use of a small fraction of a work 
> failed to qualify as a fair use.  This factor not only evaluates the 
> quantity that has been copied but  also the quality and importance of the 
> copied material. The courts  when analyzing this factor evaluate whether 
> the user of the original  copyrighted material has taken any more of the 
> original work than was  necessary to achieve the purpose for which the 
> material was copied  from the original work.
>
> Reality Check: Would you be sued for quoting 4, 8, 16, or 32 bars of 
> Bourbon Street Parade (protected by copyright) during a 10 chorus 
> rendition of the public domain Bill Bailey?  Probably not since you  are 
> parodying Bourbon St. Parade.
>
> Could you be sued? Sure, you can be sued for anything these days.
>
> Cheers,
>
> Steve Barbone
>
> www.myspace.com/barbonestreetjazzband
>
>
>
>
>
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