RE: [cni] [CNI-COPYRIGHT] Question about permissions

On Thursday, April 03, 2003 6:08 PM, Laurie Urquiaga [SMTP:Urquiagal[_at_]lawgate.byu.edu] wrote:
> I'd like to get the list's response to the following fact pattern and
> questions:
>
> An individual (I) has an original purchased cassette tape of an album
> from the 1980s. Due to extensive use in I's car, the tape has become
> somewhat distorted. I is a modern dancer. I has an idea for a
> performance piece set to the distorted sound track with an overlay of
> automobile traffic sounds. Is I required to obtain permission to use a
> copy of the distorted tape as the accompaniment for a performace? (I
> intends to make a digital recording of the distorted tape and adapt
> from there.) If so, how much detail about the distortion of the work
> is required in order for the permission to be valid? Does it make a
> difference if the performance is filmed and preserved as part of a
> personal portfolio or replayed in educational settings? And ... would
> the performance be considered an original or a derivative work?
>
> Thank-you.
>
> Laureen C. Urquiaga
> Associate Library Director for Access Services
> Law School Copyright Coordinator
>
> urquiagal[_at_]lawgate.byu.edu
>
>

I assume of course that the "facts" are entirely hypothetical...

There is certainly a moral rights question here.

In jurisdictions which recognise moral rights, what is proposed would very likely be considered a derogatory treatment which could be prejudicial to the honour or reputation of the original author. In the UK, the moral rights are however unlikely to be infringed by a private or educational performance of the offending treatment, but they could be infringed if the performance was in front of a paying audience.

Edward Barrow
New Media Copyright Consultant
http://www.copyweb.co.uk/
***Important: see http://www.copyweb.co.uk/email.htm for information about the legal status of this email *** Received on Fri Apr 04 2003 - 09:42:35 GMT