[CNI-COPYRIGHT] Re: [cni] [CNI-COPYRIGHT] Question aboutpermissions

From: Laurie Urquiaga <Urquiagal[_at_]lawgate.byu.edu>
Date: Fri, 04 Apr 2003 18:44:23 -0500

Laurie Urquiaga:

>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?

Edward Barrow:
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.

Laurie again:
Thank-you, this is certainly an important point. The appropriate jurisdiction in this case would be California, and I'm not sure how moral rights work in that state. I find myself very grateful to live in a non moral rights jurisdiction (Utah), because, while I believe that 'patrimony' and 'integrity' are important values, I find that even the copyright law of the US as it now stands creates more hinderances than benefits. As an academic, I find that moral rights are enforced quite well, for the most part, by the requirements of academic integrity -- violation of which can lead to serious individual and institutional consequences (although last year's historical attribution scandals prove they're not at all perfect).

The facts arose out of a discussion with an acquaintance who was complaining to me about the creative chill imposed by copyright law. This acquaintance has been dissuaded by other artists from developing the work described because: #1 if it is considered a derivative work someone else might 'own' it, and #2 the musical artist might be offended by the use of a distorted version of the work, even though it is that very distortion that the dancer finds inspiring. I'd be interested in knowing how other list members would respond to the situation.

Laureen C. Urquiaga
Associate Library Director for Access Services Law School Copyright Coordinator

urquiagal[_at_]lawgate.byu.edu Received on Sat Apr 05 2003 - 04:44:23 GMT