gj Michelob -> RE: Acoustic Performance (Jul. 22 2010 16:33:05)
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If a song is copyrighted, and I make a video of myself playing and singing this song, does that qualify as copyright infringement? First of all congratulations, Rombsix, on your graduation. Your newly acquired title adds handsomely to the international group of physicians posting on the forum. Second, while I too enjoy using my flamenco guitar to play some “pop” music, I find it well fit for arpeggios and finger-picking. For the kind of strumming (albeit enjoyable) that you use it for, perhaps a steel string guitar could reward you with a more proper sound. Third, the Infringement: Generally, a copyright infringement occurs when a copyrighted work is reproduced, performed or made into a derivative work without the permission of the copyright owner. The issue is whether one has the copyright owner's permission, which I presume you do not. Publishing the original work (say a video or sound) without permission and particularly if (i) for profit or (ii) commercial exploitation (as soundtrack to an advertisement, for example) would entitle the copyright owner to seek an injunction to restrain any further infringement and to pecuniary damages. However, in this situation, of a couple of newly commissioned physicians singing and strumming along a few songs at a graduation party for an intimate crowd of friends and family, the infringement amounts to a “de minimis” (in terms of damages) which “lex non curat” [too little for the Law to care]. Publication of the video on YouTube may, however, require that licensing fees (royalties) be paid to the Copyright Office Licensing Division (as radio stations do) and/or to striking the video, by YouTube. However yet, I would not worry, because I presume your performance was not compensated nor the guests paid any fee–and with all due respect, if anyone did, you should refund the value…[;)]
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