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Re: [L-OT] Stones

2001-07-05 by Spectro

>At 2:58 PM -0400 7/4/01, GAmoore@... wrote:

>
>For example Prince copies a song off an album by totally unknown
>artist Ecnirp and does a very memorable keyboard solo which makes the
>song a hit for Prince which makes Ecnirp happy because he gets the
>royalties.  Then PeeWee Herman writes a Megahit around his verbatim
>ukulele performance of the prince solo.   In that case Peewee owes
>Ecnirp nothing.  And since Prince's solo was not a copy written part
>of the original PeeWee also owes him nothing,  furthermore he didn't
>use any of Prince's actual recording then PeeWee doesn't owe Prince
>anything for the performance either.
>
>Is this correct?

Not entirely. As I would interpret it, PeeWee would owe Prince
because Prince created the solo . And  given Prince embelished
the original with his solo, he would also have some copyrights over
his performance of the original, even though a large part would
go to ecnirp. (How large is probably a matter of how good one's
negotiating team is).

And if the above is 'true', it is easy to see how
a legal rep would  find it easy to relate the PeeWee
performance back to the Ecnirp original.

S.

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