lasher@via.DEC (Lew Lasher - DTN 381-2651) (07/26/85)
"I have just finished listening to a few songs by Weird Al Yankovick (sp??). One was 'I want a new duck' and the other was 'Like a surgeon'. Now I know that these songs resemble their popular counterparts in ever (sic) respect except the words. What are the legal barriors (sic) that entertainers/performers like these must overcome in order to use another performers song in a seemingly strange manner?" Wayne Lyle "I believe they have to ask the songwriter's permission, and then credit the songwriter for his/her part in writing the music. 'Eat It' was credited to 'Yankovic/Jackson'. On the other hand, if the songwriter says no, there's nothing he/she can do to stop Weird Al or his ilk from just performing the song with his own unusual arrangement. I heard that because Prince wouldn't let him parody Purple Rain, he just did a 'Purple Rain Polka' version." Rich Rosen ihnp4!pyuxd!rlr The songwriter has a right to prohibit anyone from performing his/her song under the copyright laws. If the songwriter says no, it is copyright infringement for someone to perform the music, even with different lyrics, so long as the "unusual arrangement" is still essentially the same music. The owner of the copyright can license others to perform the music, and can put reasonable conditions, such as acknowledging the original authorship, on the license. In some European countries (notably France), but *not* in the United States, authors have what is called a "moral right" to control the manner in which their works are performed. In those countries, the author could in theory sue a performer for an unpleasant performance. Lew Lasher