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Auntie Maria
Ha`aha`a
USA
1918 Posts |
 Posted - 09/01/2006 : 12:36:33 PM
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"Iz Over the Rainbow: A Hawaiian Tribute Israel Kamakawiwo'ole"
Beware the title of this CD -- this is a completely unauthorized and illegal recording. The producer failed to apply for the necessary legal releases to use Israel's name, as well as failing to obtain the permissions required to record the songs.
Despite having been served with a "cease and desist" order, these
CDs continue to be made available through various online sources.
Please do not be lured into purchasing this poorly done "imitation IZ" CD which is lining the pockets of a stranger, instead of contributing the heirs of the estate of the late great Israel Kamakawiwo`ole. For further information, please contact the company which distributes his music _legally_: http://www.mountainapplecompany.com
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Auntie Maria
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My "Aloha Kaua`i" radio show streams FREE online every Thu & Fri 7-9am (HST)
www.kkcr.org - Kaua`i Community Radio
"Like" Aloha Kauai on Facebook, for playlists and news/info about island music and musicians!
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sandman
Lokahi
USA
181 Posts |
Posted - 09/01/2006 : 5:57:46 PM
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Mahalo, Auntie, for the headsup. I saw this in July (in a bookstore in a large Honolulu hotel complex) but did not buy it.
I wondered,
Sandy |
Leap into the boundless and make it your home.
Zhuang-zi |
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Auntie Maria
Ha`aha`a
USA
1918 Posts |
Posted - 09/01/2006 : 8:23:36 PM
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The Mountain Apple Company faxed/emailed all their retailers today with a full description of the situation. Retailers are being asked to return any product they may have brought into inventory, not knowing that it was an illegal recording.
Feel free to get the word out to any other music forums/chatrooms, 'kay? |
Auntie Maria
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My "Aloha Kaua`i" radio show streams FREE online every Thu & Fri 7-9am (HST)
www.kkcr.org - Kaua`i Community Radio
"Like" Aloha Kauai on Facebook, for playlists and news/info about island music and musicians!
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cpatch
Ahonui
USA
2187 Posts |
Posted - 10/12/2006 : 12:54:59 PM
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I'd be suprised if Mountain Apple succeeds in the C&D: Once a song is released commercially the owner of the copyright can't prevent anyone from releasing a cover of that song. All the cover artist has to do is file a "Notice of Intention to Obtain a Compulsory License for Making and Distributing Phonorecords" with the copyright owner and that's it...no permission from the copyright owner is required. As long as the artist pays royalties based on sales they're completely legal, no matter how bad the cover version is. You can find more specifics on this process here:
http://cdbaby.net/dd-covers
As for the use of Iz's name, as long as the use doesn't imply that the recordings are performed by Iz or in any way endorsed by his estate then again they're probably in the clear. The only thing that may give Mountain Apple a leg to stand on is the fact the they neglected to put the word "to" after "Hawaiian Tribute" in the title.
I'm not a copyright lawyer, but I've researched this stuff enough to know enough to be dangerous. YMMV.
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Craig
My goal is to be able to play as well as people think I can. |
Edited by - cpatch on 10/12/2006 12:56:48 PM |
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Darin
Lokahi
USA
294 Posts |
Posted - 10/13/2006 : 08:29:55 AM
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Aunty Maria noted that the producer failed to get necessary permissions to record the songs. Under that circumstance, a failure to file a Notice of Intention to Obtain a Compulsory License within 30 days of making the record makes the cover songs actionable infringement under Section 115(b)(2) of the Act.
Also, a right to publicity is definitely implicated by a record such as this, although the law differs from state to state on whether Iz's publicity right survives his death. The right to publicity is an individual's right to control profit derived from exploitation of his/her name or likeness.
There are probably worse jurisdictional and practical issues if this album comes from Japan. |
Darin
http://www.hawaiiguitar.com/ |
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Auntie Maria
Ha`aha`a
USA
1918 Posts |
Posted - 10/15/2006 : 08:25:29 AM
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The CD comes from Florida -- and this isn't the first non-permitted CD ripoff from this guy.
In addition to his failure to get permission to use the songs (he filed none of the required paperwork), that IZ logo that we see everywhere is actually trademarked...and he used that without permission, too.
Mountain Apple has a very good legal team...this guy WILL be prosecuted for this one. |
Auntie Maria
===================
My "Aloha Kaua`i" radio show streams FREE online every Thu & Fri 7-9am (HST)
www.kkcr.org - Kaua`i Community Radio
"Like" Aloha Kauai on Facebook, for playlists and news/info about island music and musicians!
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cpatch
Ahonui
USA
2187 Posts |
Posted - 10/16/2006 : 08:01:49 AM
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| Well, if he didn't file the paperwork and is using a trademarked logo then that's a whole different story. My point was that you can release a cover album without having to obtain permission from the copyright holder...you just need to file the right paperwork. |
Craig
My goal is to be able to play as well as people think I can. |
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alika207
Ha`aha`a
USA
1260 Posts |
Posted - 02/04/2007 : 12:40:15 AM
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| I had put it on my Christmas wish list and received it from my 'ohana, having no idea that it was released illegally. I like it cuz I think the music is pretty good. One thing that I think could be better as far as the music goes is pronouncing some of the Hawaiian words better. For instance, in the song "Ahi Wela/Twinkle Twinkle Little Star," he pronounces pu'uwai wrong. Oh well. |
He kehau ho'oma'ema'e ke aloha.
'Alika / Polinahe |
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