Re: Copyright Remedy Against Distorting An Original

From: Mike Holderness <mch[_at_]cix.compulink.co.uk>
Date: Tue, 19 Aug 2003 11:55:14 -0400

In-Reply-To: <list-814214[_at_]cni.org>
Safdar asked:

>... I would be interested in learning about the views 

> of various participants of the list on whether this remixing is illegal
> in some other way than copying without permission and whether the
> common law on copyright has a cause of action for such distorting
> adoption of a classic song ? I am not aware of such adoptions in the US
> or Europe, but in the region of south asia, including India and
> Pakistan, such adoptions are very frequent and little can copyright
> owners do about such adoptions in these countries. I must admit that
> music rights on the whole are weak in these countries, specially
> Pakistan, but copyright laws do exist. This generates another question
> that if a provision is to be incorporated into the law of copyright to
> prevent such adoptions, what should be the wording/phrasing of such
> provision ?

It seems to me that you're asking about the laws of India or Pakistan. These are, I believe, based on UK legislation.

The "moral right of integrity" was added to UK law by the 1988 Act, giving artists a right to sue if their work is distorted in a manner "contrary to their honour or reputation". There is therefore clearly wide scope for reasonable interpretation of this by the courts, and there is little case law that I am aware of.

You need to check whether each of the countries has made a similar modification to its law, or whether their law remains based on the 1951 or an earlier UK Act.

Mike Received on Tue Aug 19 2003 - 19:55:14 GMT