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Basil Henriques
Lokahi

United Kingdom
225 Posts

Posted - 12/12/2007 :  03:08:50 AM  Show Profile  Visit Basil Henriques's Homepage  Reply with Quote
Keola, I'm sure you ARE correct as far as the geographical area covered by the attorney's experience goes,

I would NEVER disrespect the writer of any song/tune, and would applaud them for upholding their rights, but here in Europe permission to record is administered differently. Not only can gender be changed, but also the tense, without looking for the composer's consent.

IF the changes make the recorded version significantly different or a 'Parody" THEN there could be grounds for an injunction to prevent the release.
The "significantly" would have to be in the eyes of the judge NOT the writer.

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slipry1
Ha`aha`a

USA
1466 Posts

Posted - 12/12/2007 :  09:35:29 AM  Show Profile  Reply with Quote
To be sure, you cannot "alter the basic melody or fundamental character of the work," but that is open to interpretation. Or, in other words, something lawyers get rich over.

Hey, Mark - This is a problem for jazz musicians who alter melody line and harmonic strcture from chorus to chorus and muck seriously with the rhythm, too. In fact, a lot of the "standard" versions of Standards (see the Real Book) have chord changes very different form the original composition. How is that handled by the lawyers?

keaka
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noeau
Ha`aha`a

USA
1105 Posts

Posted - 01/01/2008 :  3:23:45 PM  Show Profile  Reply with Quote
What did Weird Al or Frank Delima do?

No'eau, eia au he mea pa'ani wale nō.
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Retro
Ahonui

USA
2364 Posts

Posted - 01/02/2008 :  09:17:51 AM  Show Profile  Visit Retro's Homepage  Reply with Quote
quote:
Originally posted by noeau

What did Weird Al or Frank Delima do?

Weird Al approached the original artists/composers for permission first. The only artist who has consistently refused is Prince.
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hwnmusiclives
`Olu`olu

USA
580 Posts

Posted - 01/02/2008 :  11:44:24 AM  Show Profile  Visit hwnmusiclives's Homepage  Reply with Quote
quote:
Originally posted by Retro

quote:
Originally posted by noeau

What did Weird Al or Frank Delima do?

Weird Al approached the original artists/composers for permission first. The only artist who has consistently refused is Prince.

Coolio had some issues with "Gangsta's Paradise" at first. But then he heard the finished result and he turned around.

Of course, hard for him to object to the use of this tune since he, too, stole it - from Stevie Wonder.


Join me for the history of Hawaiian music and its musicians at Ho`olohe Hou at www.hoolohehou.org.
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Retro
Ahonui

USA
2364 Posts

Posted - 01/03/2008 :  08:02:32 AM  Show Profile  Visit Retro's Homepage  Reply with Quote
quote:
Coolio had some issues with "Gangsta's Paradise" at first. But then he heard the finished result and he turned around.

Of course, hard for him to object to the use of this tune since he, too, stole it - from Stevie Wonder.

As Weird Al tells it, it was a communications breakdown - he thought he had gotten Coolio's permission (Al's "people" talking with Coolio's "people"), so he went ahead and did "Amish Paradise" and released it. Then he heard that Coolio hadn't authorized it, and felt it "desecrated" his work - oops. But as you noted, it was "resolved" (a personal apology from Al, but likely with some financial compensation). As a result, Weird Al no longer goes through intermediates to get permission - he insists on talking directly with the artists.

Wonder's "Pasttime Paradise" was legally licensed for Coolio's use; the song was part of the soundtrack of the film "Dangerous Minds."

And apparently, Billy Joel has also withheld permission from Weird Al (which is why his 1980 parody "It's Still Billy Joel To Me" remains unreleased).

Edited by - Retro on 01/03/2008 08:03:07 AM
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Admin
Pupule

USA
4525 Posts

Posted - 01/03/2008 :  08:41:45 AM  Show Profile  Visit Admin's Homepage  Send Admin an AOL message  Send Admin an ICQ Message  Send Admin a Yahoo! Message  Reply with Quote
Amish Paradise


Andy
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ricdoug
`Olu`olu

USA
509 Posts

Posted - 09/17/2008 :  04:21:23 AM  Show Profile  Reply with Quote
Aloha Oe is public domain. A group of ukulelists put together this public domain book, for use in worldwide ukulele gatherings:

http://www.ukulele.org/downloads/fleabagall.pdf

It's easier to ask for forgiveness, than permission!
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alika207
Ha`aha`a

USA
1260 Posts

Posted - 09/24/2009 :  2:41:28 PM  Show Profile  Visit alika207's Homepage  Send alika207 an AOL message  Click to see alika207's MSN Messenger address  Send alika207 a Yahoo! Message  Reply with Quote
My mom always played one of their albums for me when I was little and I was in love with it. RIP!

He kehau ho'oma'ema'e ke aloha.

'Alika / Polinahe
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Mark E
Lokahi

USA
186 Posts

Posted - 12/06/2009 :  7:20:16 PM  Show Profile  Visit Mark E's Homepage  Reply with Quote
quote:
Once a song has been recorded and released you do not need permission from anyone to record it yourself. You do need to pay for it, but the publisher cannot prevent you from recording your version of the song.


Mark -

But how do you pay for it - and to whom? And does this throw one into the morass of trying to figure out who owns the song?

Thanks and Hi - Mark E
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Fran Guidry
Ha`aha`a

USA
1441 Posts

Posted - 12/07/2009 :  08:22:34 AM  Show Profile  Visit Fran Guidry's Homepage  Reply with Quote
Many publishers belong to a licensing agency called Harry Fox Agency. You can purchase mechanicals from HFA online if they represent the publisher of the song and/or arrangement you're covering. Arrangements are a related but separate issue from composition. For instance, many public domain songs are offered for licensing, these are arrangements being licensed rather than compositions.

http://www.harryfox.com/public/licenseeRateCurrent.jsp

Many Hawaiian songs are not handled by HFA. In those cases you simply (actually, of course, not simply at all) chase down by whatever means available the copyright holder and send them a standard contract and standard payment. Or you may prefer not to pay the HFA surcharge, or you may feel you can negotiate terms other than the standard payment. I've purchased mechanicals at a discount by contacting the composer/publisher.

Fran

E ho`okani pila kakou ma Kaleponi
Slack Key Guitar in California - www.kaleponi.com
"Kaleponi" at CD Baby
Slack Key on YouTube
Homebrewed Music Blog

Edited by - Fran Guidry on 12/07/2009 08:25:57 AM
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nakii
Aloha

29 Posts

Posted - 04/24/2011 :  1:18:09 PM  Show Profile  Reply with Quote
I KNOW THIS IS OLD TOPIC....... SEE NAKII COMMENTS ON ASCAP BMI....THIS REGARDS VENUE RESPNSIBILITY FOR ANY MUSIC THEY USE FOR ANY REASON UNDER ANY CONDITION

NO RESPONSIBILITY BY ARTIST AT ALL EXCEPT LETTING VENUE KNOW YOU ARE AWARE OF THIS

DOING A RECORDING RESPONSIBILITY FALLS UPON ARTIST OR CD PRODUCER TO GO THRU HARRY FOX.

WITH RESPECT IN PARTICULAR, HAWAIIAN MUSIC. MANY ARTISTS , GOING WAY BACK CLAIM OWNERSHIP OF TRADITIONAL SONSG.OFTEN MULTIPLE OWNERS OF SAME SONG. WE DO OUR OWN ARRANGEMENT OF SONG AND WHEN WE DO OUR STATEMENT TO CD COPYING COMPANY CITE IT AS TRADITIONAL BECAUSE WE KNOW SURE AS HECK THAT HARRY OWENS OR ELVIS DIDN'T WRITE IT ORIGINALLY.IF USE MIMIC AN IZ MEDLEY OF THEIR OWN ARRANGEMENT THEY SHOULD GET PAID IF YOU DO IT THAT WAY AND THEY HAVE IT REGISTERED.

BELIEVE HARRY FOX AGENCY AS WELL AS ASCAP AND BMI HAVE WEBSITES WHERE YOU CAN INVESTIGATE ORIGINS OF PARTICULAR SONGS, COMPOSERS ETC. ALSO ALL THE GOOD HAWAIIAN SONGBOOKS HAVE GOOD INFO AND THE WONDERFUL HUAPALA WEBSITE. IF YOU ARE DOING HAWAIIAN LYRIC MATERIAL PART OF YOUR RESPONSIBILITY IS UNDERSTNANDING THE HISTORY AND MEANING OF THE SONG AND RESPECTING TO THE UTMOST THAT INFO.

WE FOUND THAT EVENTUALLY A LITTLE RESEARCH AND PAYING THE FEW DOLLARS SO WE COULD LIST COMPOSERS ON CD WAS FAIRLY SIMPLE, RELATIVELY INEXPENSIVE AND ONCE YOU FILL OUT THE FORM FOR FOX AGENCY AND THE ONE REQUIRED BY MAINSTREAM CD REPLICATING COMPANIES, IT DOESN'T TAKE MUCH TO KEEP EVERYONE HAPPY
OBVIOUSLY MORE CONTEMPORARY STUFF...PARTICULARLY HAWAIIAN LANGUAGE HAS KNOWN COMPOSERS IN THIS ERA AND THEY DESERVE COMPENSATION FOR THE USE OF THEIR CREATIONS.
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Konabob
`Olu`olu

USA
928 Posts

Posted - 08/13/2012 :  08:05:02 AM  Show Profile  Visit Konabob's Homepage  Send Konabob an AOL message  Reply with Quote
By the way, some of you may know about this site already, but I don't see it in this thread:
http://www.pdinfo.com/Public-Domain-Music-List.php

Konabob's Walkingbass - http://www.konawalkingbass.com
Taropatch Steel - http://www.konaweb.com/konabob/
YouTube - http://www.youtube.com/results?search_type=&search_query=Konabob2+Walkingbass
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