Re: radio commercial background music

On Wed, 1 Mar 1995, Sheldon W. Halpern wrote: *snip*
> First, the easiest part: the owner of the sound recording copyright
> does not have any performance rights and therefore consent for the
> performance of the sound recording as such is not needed. On the other
> hand, of course it is an infringement of the sound recording copyright
> literally to copy the sound recording (i.e., by taping excerpts for
> inclusion in the ad) and consent to such copying is required.

A minor aside: might not the artist on the sound recording have a possible Lanham 43(a) claim, provided that his/her voice is as distinctive as Bette Midler or Tom Waits?

Charles Glasser
NYU Law (2l)
<cjg6159[_at_]is.nyu.edu> Received on Wed Mar 01 1995 - 19:34:58 GMT