Re: [LINK] We’re all copyright criminal s now

[Adam Todd]

At 08:47 AM 21/11/2006, Jan Whitaker wrote:
>At 08:20 AM 21/11/2006, Marghanita da Cruz wrote:
>>If the song or play that you are performing has been written down then it 
>>is copyrighted.
>
>Here's a strange case going on re the Ashes cricket. The Fanatics have 
>produced a booklet of their own lyrics to be sung to tunes that EMI (music 
>rights organisation I think) holds the rights to. EMI has taken out an 
>injunction against distribution of the booklets even though NONE of their 
>music is printed in the booklet, just references to the title.
>
>Straw poll of the Link Institute: who will win?

Well by rights, the Fanatics.

There is no way they can breach copyright in performance of a peice of 
music unless they play that performance as a backing track.  Not likley.

ALthough the singing of the tune might sounds the same, there is no 
evidence by EMI (as such) that they have a coipyright ina  recording by 
hundreds of off key voices to the same melody.  It will without doubt NOT 
be the same tune, although similar.

A title of a song is not protected by copyright.

Fanatics 1.  EMI -10

Think of all the good will that will be lost because EMI are idiots.  The 
Bands that the songs have been inspired by will loose sales because 
Fanatics will boycott purchasing CDs.  Fanatics will write new words to 
melodies of bands that are giving away the backing track for the free PR, 
talk of their original music and sales of CDs.

Go figure.