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The Magic Cafe Forum Index » » Not very magical, still... » » Hypothetical IP scenario (0 Likes) Printer Friendly Version

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gdw
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Tom, you are quite unbelievable.
It's amazing, people will criticize you for "biting the hand that feeds you," while they're busy praising the hand that beats them.

"You may say I'm a dreamer, but I'm not the only one."

I won't forget you Robert.
ed rhodes
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Quote:
On 2011-05-25 13:40, gdw wrote:
Quote:
On 2011-05-25 13:02, Tom Cutts wrote:
Quote:
On 2011-05-25 08:56, gdw wrote:
Tom, apples and oranges.
Maybe so, but it is YOU who made the comparison.


Not quite the comparison I was making Tom, though I can see the confusion.

As for the idea of replicating an effect (the perceived performance) with different methods (tools and arrangement,) how is that different than performing the same, or similar song but with different instruments, or musical arrangement?

I don't see how that would prevent the "effect" from being protected the way the song is.


It is the specific combination of notes that are protected, no matter what instruments you use to recreate them.
As far as "similar," "Animaniacs" lived off of this.

I don't know why she's dubbing over this, but this was originally Bernadette Peters doing a parody of "Les Miserables"

http://www.youtube.com/watch?v=LeJc-J_jUK8

There's another one that I can't find where they parodied Andrew Lloyd Webber in general creating something called "Cats of Phantom Blvd."

Here's a parody of Disney's "Beauty & The Beast."

http://www.youtube.com/watch?v=JnrfUUZlNFQ&feature=related
"There's no time to lose," I heard her say.
"Catch your dreams before they slip away."
"Dying all the time, lose your dreams and you could lose your mind.
Ain't life unkind?"
MobilityBundle
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Parodies are kind of their own special case. The "parody defense" is a special case of the fair use defense, and not a head-on defense of the parody being not sufficiently similar to the copyrighted work. In fact, in all parody cases I can think of, it's pretty much conceded that the parody is in fact a derivative work of the copyrighted material.

True parodies are permissible derivative works. So how does one decide between a knock-off and a "true" parody? If the putative parody at least in part is a commentary on the original work, then that goes a long way. Also, if the work is "transformative" -- meaning it takes the original work and produces something distinct, while still retaining elements of the original -- then that's permissible as well. At least arguably, the Animaniacs links above are sufficiently transformative of the original works. Or who knows, maybe the Animaniacs guys payed licenses to use some of the stuff they use.
gdw
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And Ed, the "similar" idea, in non fair use, has been established with cases like the previously mentioned George Harrison case, as well as Ice Ice Baby/Under Pressure.
It's amazing, people will criticize you for "biting the hand that feeds you," while they're busy praising the hand that beats them.

"You may say I'm a dreamer, but I'm not the only one."

I won't forget you Robert.
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