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From: Jonmark
Email:
Remote Name: 63.49.51.20
Date: 09-Aug-2002
Time: 01:12 PM
First, I'm not a music lawyer and I didn't sleep at a Holiday Inn Express last night, but this is my understanding. As with all things legal, there are exceptions, but, here goes...
The original owner(s) of a copyright (usually divided between a writer and a publisher... not necessarily 50/50) have the right to choose a "first" cut and release and a mechanical license (needed to release) can be refused. In a perfect world, the publisher would always have the best interest of the writer in mind... :)
After the initial license is agreed to and a release occurs, anyone can record the song again, without substantially changing the content. Note, you still must negotiate and obtain a Mechanical Licence from the publisher/songwriter, but at that point it's "compulsory" for the owner to reach an agreement.
If melodic or lyrical changes are made (such as the creation of a parody or adding lyrics to an instrumental), it becomes a "derivative work" and refusal is, once again, allowed by the copyright owner.
If a "release" occurs in this manor, without obtaining permission, it is an "unauthorized derivative work" and will likely end up in court.
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