Sending music over the 'Net

"Robert J. Brown" (rj@ELI.WARIAT.ORG)
Mon, 26 Aug 1996 13:35:19 -0500


Copyright is a right of the owner of a work.  It protects the
expression of an idea, not the idea itself.  Patents protect the idea
itself.  This become fuzzy quite often.  You can copyright a
performance as distinct from the written work.  This is why a song
writer can copyrigfht the sheet music, but a recording group can
copyright the recording they made of that song.,  They still have to
get permission, pay royalties, etc. from the owner of the copyright on
the song, but any party that plays that record in a for-profit setting
must pay a royalty to the recording group (or the publisher, if he
owns the performance rights on the record).

I am not totally ignorant on these matters as they relate to the
computer field.  If anyone wants to see what a mess it can become,
just read the appeal to a case I worked on several years ago.  This
may be found by going to my home page at http://eli.wariat.org/~rj and
clicking on "resume", then click on "experience", then click on
"Mnemonics, Inc. 1992", then click on "Expert Witness".  Read the
diatribe under "I. BACKGROUND" to see how messy all this can get in a
real case!

Having been through that already, I am likely to be going through it
again in another case, only this one is international, so it gets even
more complicated.

-- 
--------  "And there came a writing to him from Elijah"  [2Ch 21:12]  --------
Robert Jay Brown III  rj@eli.wariat.org  http://eli.wariat.org  1 847 705-0424
Elijah Laboratories Inc.;  37 South Greenwood Avenue;  Palatine, IL 60067-6328
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