weird question about legal issues and recordings...

Discussion in 'Lounge' started by Area51, May 3, 2020.

  1. Polomo

    Polomo Guest

    Kind of yes
    but,

    Not 100% right but nearly
    (In my country there is something called "person of contemporary history" roughly translated.
    People in the spotlight of History are outside this rule. So If I record some person which is in the Spotlight of a Story (Lets call this Newspaper material :winker:) It would be ok to record them for the purpose of recording history ) (It´s not only politician )
    Stichword Hutbürger Solmecke
    But If I record my neighbors singing in their shower I can get sued for the licensing

    This case can get even more complicated

    By the term of a Natural person and the https://en.wikipedia.org/wiki/Monkey_selfie_copyright_dispute case
    just read this and the world becomes a bit more absurd :rofl:


    and in context derivative work
     
    Last edited by a moderator: May 4, 2020
  2. The Pirate

    The Pirate Audiosexual

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    In the USA, speeches written and given by employees of the federal government including the President and Congressmen are in the public domain. However, the recordings of those speeches may or may not be in the public domain. If the recordings were made directly by the federal government, then the recording is certainly in the public domain, but if the recording was made by a person or company, only the text of the speech is in the public domain; that specific recording is protected by copyright.
    In other words, , if artist "A" makes the recording he is the owner of the sound recording (SR) and artist "B" can't use it without permission from "A"
     
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  3. Area51

    Area51 Kapellmeister

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    I tend to agree with that since most of the HQ speeches are mostly recorded by the media and some news companies in this case
     
  4. The Pirate

    The Pirate Audiosexual

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    @Polomo vro you are all over the place. @No Avenger was correct and the OP was referring to President's Trump. In the USA, the law is clear on that. In fact, in the shower scenario you describe you own the sound recording, not the person in the shower. On top of that, if the person who is showering is singing someone else's song, the author or owner of the publishing rights is entitled to public performance royalties. The Monkey's case? Blame PETA for it.
     
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  5. Area51

    Area51 Kapellmeister

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    really????
    so, in case person A records himself in the shower a song of person B, and uploading it to Youtube or any other platform - he, she, or them could get sued as well? that's freaking insane dude!!
     
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  6. The Pirate

    The Pirate Audiosexual

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    It is not about getting sued. It is about royalties going to the owner of the publishing rights. That is why Michael jackson paid millions for The Beatles catalog. There is big money to be made in publishing. You just sit back and collect.

    For example, every time, you go to a venue and they have live music, if they are playing covers the establishment is paying BMI, ASCAP, etc, a performance license fee.
     
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  7. The Pirate

    The Pirate Audiosexual

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  8. Thankful

    Thankful Rock Star

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    Not sure thats' right. What if you're taking a copy of that recorded speech from a CBS or BBC broadcast? Surely now you'd be using something that is no longer public domain, you'd be taking a video sample from a TV programme. Try and find a "I have a dream" speech that was not broadcast first.
     
  9. The Pirate

    The Pirate Audiosexual

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    As explained above, the network owns the rights to the SR as long as the network made the recording or acquired the rights to it. However, if the federal government made the recording, nobody owns it. The networks, even if they use it, can't claim rights to a work that is in the public domain. What the network can do is claim rights to the way "that" work is being presented to the audience. That is a derivative work.

    Edit: https://www.law.cornell.edu/wex/derivative_work
     
    Last edited: May 4, 2020
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  10. Polomo

    Polomo Guest

    I agree it was a bit off-topic
    but it was the funniest case about copyright I know (And yes I blame PETA for it :rofl:)
    (And since this legal law stuff fast becomes dry )

    By the Way we still don't know from which country the OP really is, so maybe,
    since law is local, it can apply to him/her.
    But technical your correct with the case of Trump as a point of reference

    (But,I would also choose Trump for an example since I don't like talking about the stupid politicians of my country :winker:And nobody knows them ... or did you every heard of Walter Thurnherr ? )

    And the shower scenario would here a different case just because our law sucks !
     
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  11. Area51

    Area51 Kapellmeister

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    PETA....:rofl::rofl::rofl::rofl:
     
  12. snattlerake

    snattlerake Newbie

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    Are you serious?
    If I shoplift a Blu-Ray, and record it off of my TV with a camcorder I legally own, can I distribute the movie as my own?

    I genuinely hope this is some elaborate troll...
     
  13. aleksalt

    aleksalt Producer

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    The lawyer's interview reminded me an old anecdote:
    young student of the college 1st grade comes to a doctor and asks:
    "Professor, how could I avoid a honorea?"
    Professor: "1st thing is a condom, then bandage, and then a condom again"...
    Then the doctor takes off his glasses and, shaking his finger,
    says:
    " And don't even f...k with somebody..."

    PS. Avicii, who's mentioned in that article along with Martin Garrix, teamed up with Aloe Black and got to the #1 in the charts worldwide with the song Wake Me Up (using cracked Sylenth1 for the song's beat)
    Sorry, now Avicii is dead, RIP, dear...
    but Martin Garrix is doing well (maybe he at last purchesed a Sylenth1 license)
    2PS I don't approve thefts and their suppliers R2R, VR, ASSIGN, Air, H2O etc, just listed the facts...
     
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