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The ‘Blurred Lines’ case scared songwriters, but its time may be up

nytimes.com

81–90 of 124 posts

Re: The ‘Blurred Lines’ case scared songwriters, but its time may be up

#81
post #60

Earlier quoted context omitted.

Since when do cover artists pay royalties?

There's a difference between covering a song in a recording and being a cover artist. With the latter I don't find a consistent answer. I've read venues pay a licensing fee, and that depending on prop use it could cost more, etc. If you cover a song in recording, re-arrange it, whatever, you pay royalties to the original songwriter.

> With the latter I don't find a consistent answer. I've read venues pay a licensing fee....

IIRC, the licensing fee paid by the venue doesn't necessarily grant the performers any rights, it just waives the venue's liability. The nature of the relationship between the performer and venue is context dependent and it isn't always clear if the performers are covered or even could be covered by the venue's license, anyhow.

In practice the licensor associations will leave the performers alone as long as the venue has a license, because what's the point of the venue license if artists face legal jeopardy for playing there.

Alot of copyright works this way: the edges are very blurry and the incredibly broad scope of claims and defenses effectively corrals everybody into quasi-legal arrangements. Were it not for criminal liability and potential for ruinous monetary damages, this would definitely be a feature more than a bug. It's certainly deliberate. No law could ever be precise enough to properly balance such interests a priori.

Re: The ‘Blurred Lines’ case scared songwriters, but its time may be up

#82

A reasonable thing would be to consider "fair use" as any clip less than, say, 10 seconds.

Would it? Could a movie include a 10 second clip from Star Wars without trouble? Even something iconic like the title card?

Sure.

Re: The ‘Blurred Lines’ case scared songwriters, but its time may be up

#83

This might be one of the stupidest arguments I've ever heard: “Thin copyright might apply to a doll or a painting because, for example, there are just so many ways to paint a tomato,” Busch said. “Creative choices are limited. It has never applied to music because there are literally an infinite number of creative choices in creating a song.” ... So you're saying there aren't infinite ways to paint a tomato?

That's a terrible argument isn't it? There's a finite number of musical notes, a finite structure to them and a finite number of effects. We're guaranteed to end up with doppelgänger choruses and melodies sooner rather than later.

Technically infinite, there's just finite number of notes and intervals that are generally considered pleasing to the human year (and perceptible by the human ear for that matter).

Re: The ‘Blurred Lines’ case scared songwriters, but its time may be up

#84

A reasonable thing would be to consider "fair use" as any clip less than, say, 10 seconds.

Would it? Could a movie include a 10 second clip from Star Wars without trouble? Even something iconic like the title card?

Probably. Would it hurt Star Wars?

Re: The ‘Blurred Lines’ case scared songwriters, but its time may be up

#85

Earlier quoted context omitted.

Would you prefer he demanded royalties instead, as their label would if he used a few seconds of their output in one of his films? Or that they just be able to use the sample without credit or royalty?

He did demand royalties, he gets a 40% cut as well.

Roughly 40% of the lyrics are dialogue from two of his movies or describing scenes from those movies (Pulp Fiction and Reservoir Dogs), so a 40% cut of the songwriters' share of royalties is appropriate.

Re: The ‘Blurred Lines’ case scared songwriters, but its time may be up

#86
post #60

Earlier quoted context omitted.

They outright covered songs in those early albums, but refused to pay royalties. I don't remember what their argument was.

Since when do cover artists pay royalties?

Anyone can cover any song without permission as long as they pay compulsory royalties.

https://www.thebalancecareers.com/what-is-a-compulsory-licen...

Re: The ‘Blurred Lines’ case scared songwriters, but its time may be up

#87

A reasonable thing would be to consider "fair use" as any clip less than, say, 10 seconds.

What if the entire piece of media is really short and 10 seconds is most or all of it?

I'm not sure there are simple and reasonable solutions like this. Everything will be gamed or cause terrible edge case issues

Re: The ‘Blurred Lines’ case scared songwriters, but its time may be up

#88
post #66

Earlier quoted context omitted.

What are some of those general ideas that have served you well?

It’s been a while that I read it but generally speaking: 1. How to strip things down to their essence and focus on that. 2. What to expect and not to expect from Being successful 3. Being scrappy as fuck Just read it...it’s available for free online as pdf...it’s quick and super fun read

The elements which stuck in my head were:

1. Steal the drum and bass from an old soul record, don't try to engineer your own.

2. For lyrics, use things you hear shop clerks saying.

3. (from the opening of the book) "Start off skint and on the dole."

Did you do any of those?

Re: The ‘Blurred Lines’ case scared songwriters, but its time may be up

#89
post #84

Earlier quoted context omitted.

Would it? Could a movie include a 10 second clip from Star Wars without trouble? Even something iconic like the title card?

Probably. Would it hurt Star Wars?

Nope. In fact, it would be good advertising for Star Wars.

Re: The ‘Blurred Lines’ case scared songwriters, but its time may be up

#90
post #87

A reasonable thing would be to consider "fair use" as any clip less than, say, 10 seconds.

What if the entire piece of media is really short and 10 seconds is most or all of it? I'm not sure there are simple and reasonable solutions like this. Everything will be gamed or cause terrible edge case issues

> What if the entire piece of media is really short and 10 seconds is most or all of it?

If the creator cared, he'd make it longer. Seriously, why should a 5 second movie be worthy of major copyright protection?

For example, if I wrote a 100 line computer program, should that be worthy of copyright protection. I'd say "no".

A creator of a 10-second movie should consider it advertising for his skills, and hope and pray people copy it and use it all over the place.

I've also made my code Boost licensed, which is equivalent to "no copyright protection". If people use it for whatever, I figure it's great advertising for my (very expensive) consulting rates.

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