All right, here we go again in the gray areas of the law. I just bought a used CD (Blues Traveler’s Four, if you’re interested), and tracks 10 and 11 don’t play properly because of CD damage. Now, I haven’t tried resurfacing it yet (though I intend to), but say for the sake of argument I have resurfaced it and it still doesn’t work. Now, in fairness, I’m not a big fan of Blues Traveler (I bought it mostly for Run-Around and Hook), but I am a completionist. So, I own a legal copy of the CD. I can’t get two of the tracks to play properly. I am going to rip this CD to mp3 anyway so that I can use my cd/mp3 player and take the mp3s back to school, where I will put them on my school computer. So, seeing as how I have a legal copy, what is to prevent me from downloading those two tracks (which won’t be encoded as highly as I will do for the rest of the CD) and have my conscience free and clear?
Or, here’s another one. I play in a school band. The school claims the copyright to the performance itself, and then of course there are the copyrights to the individual works (although we obviously bought performance rights.) So what happens when I share these files? After all, there will be better performances of Mars or the overture to Colas Beuregnon or Heroes Lost and Fallen out there, so I don’t think anyone who really cares about music will hang onto a bunch of performances by non-music major college students (except for the student and his family for vanity purposes.) Do I have any right to the performance, seeing as how I actually played these pieces? Will anyone care that there’s one more pretty crappy interpretation of those pieces out there when they can go and buy a CD done by a professional group?
Let’s extend that. Say I actually am a good pianist/organist (I’m not by any stretch of the imagination) and I decide to record myself playing some of Bach’s stuff for organ, say Toccata and Fugue in D minor. Now, this piece is clearly in the public domain. I could claim a copyright to my specific performance, but I decide not to and release it to the net. This is free and clear, right?
Now let’s go to a work that’s not in the public domain, say something by Tori Amos. I can buy the sheet music of Tori Amos’ stuff, after all. Let’s assume I can pay extra for performance rights (I don’t know if you can, but let’s say so.) Pretend also that I can actually sing as well as she. So, I record something by Tori Amos and release this to the net. Now, this isn’t the original work. It’s my personal interpretation of the work. What if I release this to the net? Am I free and clear? After all, it’s just me playing Tori Amos using an upright piano and the recording equipment I have in the house. I had performance rights, so I could have put together a concert of Asterion Plays Tori Amos. I don’t know if I could have charged people for it, but let’s say I wouldn’t to keep the scenario about the same with releasing it to the net.
Or how about cover bands? Some cover bands can probably fall under parody (such as playing Metallica in a bluegrass style, perhaps.) Obviously, actual parody is protected (see Weird Al. Well, maybe you wouldn’t actually want to see Weird Al, but anyway.) How about a local band that plays Beatles songs in a club where they get paid for their work? Is what they’re doing legal? After all, everything the Beatles have ever done is still under copyright. What if they took a copy of their performance and released it to the net? Are they legal or not?
Okay, maybe the last three examples have clear-cut answers in the law. But how about the first two? I’d wager not.