The ownership of rights depends on the system: In continental Europe (constitutional law -- authors rights, droit d'auteur, Urheberrecht) the author owns the right the moment he plays it. What that means varies slightly across national regulations,
In the anglo-saxon 'copy'right' system fixation is necessary. This means the musician owns it the moment it is recorded. This is true even if you fix it by transcribing it from memory. I am not sure if you would infringe on his right that way /as long as you do not sell it probably not/ but it would define a fixation date. As a product it is a derived work, I guess?
What I understand is that you could REPLAY the unrecorded, untranscribed improvisation without infringement (but not record your replay).
Peter Sint (a non lawyer)
<sint[_at_]oeaw.ac.at>
Received on Fri Jan 28 2000 - 13:09:48 GMT
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