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nostatic nostatic is offline
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Join Date: Sep 2001
Location: SoCal
Posts: 30,318
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the legal hounds at it again

I had my second "violation" on youtube for my cover songs. Both time the complaining entity was Cass County Music, the publisher for Don Henley. A quick google search yields a bunch of court cases where Cass County sued every mom and pop they could find who didn't adhere to the letter of the ASCAP rules (like the place in WI who pumped a local radio station over their restaurant speakers and Cass County sued because the ASCAP license with the radio station forbids rebroadcast).

While I suppose the letter of the law dictates that someone playing a cover song on youtube is a violation of copyright, somehow it doesn't really seem to be a violation of the spirit of the law. For instance, I'm not inducing any confusion wrt who owns the song (I clearly indicated the original artist), and I'm not profiting from the work. In addition, I have songs where I do a "lesson" showing techniques with certain songs. These should fall under "fair use" should they be challenged, but of course what individual wants to go to court against a litigious company with hyperactive lawyers.

Oh well...no more Eagles or Don Henley music for me. Don can in fact freeze over in hell for all I care.
Old 03-18-2010, 11:29 PM
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