Re: [Harp-L] Plagiarism and cost of licensing for performance

[Winslow Yerxa <winslowyerxa@xxxxxxxxx>]

--- Michael Peloquin <peloquinharp@xxxxxxxxxxx> wrote:
<snip>
> I would bet that there may be no copyright to Juke.
> Exactly were does the head (melody) end and the improv(solo) start?
> This is very discernable on countless instrumentals (even smoovjaz)

It's also discernible on a whole series of quasi-improvised solo guitar
pieces recorded by Django Reinhardt between about 1937 and 1950.
Francis Day company has always asserted copyright over these
compositions even though most of them were never written down until
decades later and then by third-party transcribers. ARC would at least
have precedent for claiming copyright on an improvised instrumental in
the case of Juke.

By the way, Juke is listed with the Harry Fox Agency for licensing;
evidently others have paid licensing fees to record it, which
establishes another precedent directly tied to this individual
composition.

There may already be body of case law on copyrightability of improvised
compositions that exist primarily through sound recordings.

Winslow


       
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