I remember hearing years ago that Weird Al Yankovic had some trouble over his spoof of Coolio’s “Gangster Paradise.”
Does he have to ask permission to use the music for all his songs? Or can he take any song, slap on some new lyrics, and call it his own? Is it copyright infringement?
Adam
“Life is hard…but God is good”
By doing a parody, I believe that as long as he sends a royalty check in the correct amount to the appropriate disbursing agency, he can do whatever he pleases.
OTOH, in the few interviews I’ve read with him, he has usually made it plain that he prefers to not anger the original artists. I’m surprised to hear he had trouble because, previously, he would actually ask permission before knocking off (and knocking down) the original.
Tom~
In theory, Wierd Al doesn’t need permission by anyone to do his parody songs. It would be classified as “parody”, which is considered protected as Free Speech.
In practice, Weird Al routinely requests permission from people before parodying their songs, and refuses to do parodies if permission is not given (should you look at the “Thank Yous” on the Bad Hair Day album, you’ll notice that Weezer is thanked even though no song of theirs appears on the album- they initially granted Al permission to use one of their songs in the “Alternative Polka”, but at the last minute River Cuomo (lead singer and writer for Weezer) decided they’d prefer not to have Al use their songs, and so the song was removed from the medely at a point where it was too late to remove it from the liner notes)). Thus, no parodies of Prince songs because Prince has routinely refused to give Al permission.
In the case of Coolio, it’s a bit of one person’s word vs. the other’s; Al contacted Coolio’s recording company to ask permission, the recording company claimed that Coolio said it would be fine, then Coolio publicly claimed that he had specifically told his recording company that it wasn’t fine, and not to do it, but they went ahead and did it anyways. Legally, Al is fine- Coolio can’t sue because Al’s song is protected as a parody. Morally, Al has stated he regrets what has happened, and has publicly apologized.
See the FAQ at www.weirdal.com for details.
JMCJ
This is not a sig.
I could have sworn we discussed this fairly recently, but couldn’t find anything with the (new, improved) search engine.
In any event, here’s the master Cecil Adams on music copyright issues:
Can Michael Jackson re-record old Beatles tunes? Week of: 27-Oct-95)
Basically he does ask each performer if he can use the song. Most of the performers are flattered that he would consider doing their song. (or at according to VH1). On his latest CD, he did a parody of Bare Naked Ladies’ One Week, and they said they were impressed on how it got it so perfect.
“The idea of a walk-in closet sounds frightening. If I’m ever sittin’ at home and a closet walks in, I’m gettin’ outta there.” ~George Carlin
Weird Al always gets permission for the parodies he does on CD. He probably doesn’t need to, but he does just to be a good citizen or something. With the Coolio thing, Weird Al was told by his record company that they had received permission from Coolio to do the pardody. It is unclear whether there was a miscommunication between Coolios record company and Coolio, or if Coolio just made all the noise for publicity.
In Weird Al’s concerts, he apparently does some songs that he can’t get permission to record. As long as the concert is not being recorded, there is no way for anything to be a copywrite violation.
IIRC, on “Behind the Music”, Al said that his record company had asked Coolio’s, and the answer was yes. But nobody had asked Coolio.
Al sends him the checks, but Coolio doesn’t cash them. Kinda like the US & Cuba over Guantanamo Bay.
Wrong thinking is punished, right thinking is just as swiftly rewarded. You’ll find it an effective combination.
This is not correct. Any time a song is performed or broadcast in public, there is a potential copyright violation, unless the performance is otherwise authorized or license. Examples of copyright violations (unless permission is otherwise granted) is playing a records or a jukebox in a bar, resturant or store or playing music over a telephone “hold” system.
But wait, you say, you hear these things all the time. That is because most resturants, bars, and performance venues have blanket licenses with the major licensing entites ASCAP and BMI. If you’ll look at or near the door of most resturants and bars, you will see a small green triangle sticker that says ASCAP (American Society of Composers, Authors and Publishers.) This means the establishment has paid the license fee, and can broadcast music there. ASCAP actually has inspectors that go around to bars and resturants checking to see if the establishment plays music and, if so, is the broadcast authorized. Details can be found at www.ascap.com . Click on the licensing link for more details.
Wierd Al plays those songs live for two reasons. First, as mentioned above, they probably fit under the “fair use” exception to copyright as parody. Second, the venue where he plays them is probably licensed under a blanket license. Putting the songs on a record would not have the protection of a blanket license, and could cause a fight over whether they are “fair use.”
Dr. Demento has played some Weird Al songs that have not been officially released due to a last-minute “red light” from the artist. One song is “It’s Still Billy Joel to Me,” a 1980 parody of Billy Joel’s “It’s Still Rock and Roll to Me.” I have the song on tape. It’s quite humorous.
Check out: http://www.turnstiles.org/parody.html#24
for lyrics.
Crafter
Dayton, OH
On the other hand, songwriters must, by US law, give permission to anyone who wants to make a record of a song that is already recorded, on payment of a scale royalty. (An old law originally directed against a piano-roll monopoly.)
John W. Kennedy
“Compact is becoming contract; man only earns and pays.”
– Charles Williams
Ok, maybe I’m wrong on this one, and general sentiment seems to be running against me, but I’m pretty sure Al cannot redo a song as a parody without permission of the songwriter.
He can re-record it (do a cover version) and just pay the royalties. But in order to change the words, I believe he needs permission. That’s why Coolio was so upset – because he felt Al didn’t have permission and did it anyway (though he didn’t push it as a lawsuit or anything). I recall reading that Price refused to give permission, and Al jokingly threatened to do a Purple Rain Polka (he could record the song, keeping the original lyrics, as a polka – he just couldn’t change the words as he normally does). So I think it’s more than just a nicety, but rather a requirement that he get permission.
David B., you’re wrong!
Whoa. I have to savor that moment for a while, now.
Anyways, here’s a quote from the Weird Al FAQ (as per the link I posted above):
As for Coolio being upset- Coolio considered “Gangster’s Paradise” (or whatever alternative spelling it was) to be his big breakthrough as a work of drama and substance, and for Weird Al to change it into something light and comedic offended him greatly.
JMCJ
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Ack. Forgot to say: The Italics in the above quote are mine.
Geez. I finally get to make myself look brilliant, and then I muck it all up. Typically, really.
And let us not forget the little guy from Minnesota who enjoys purple stuff and plays a weird looking guitar! He absolutely refuses to allow Al to cover his tunes. As stated above, Al could just go ahead and do it, but he does have some integrity and respects (insert Price’s current name and/or symbol here) wishes.