Copyright questions for discussion
Consider the in-class performances from 20 February by Matuszewski, Ma, Carter, and Smith, the mp3 recording of Sharp, and the YouTube video of Ness. [hereinafter "creators"].
1. Everyone but Ness and Sharp performed and recorded the musical works without the permission or knowledge of any of the creators.
2. I will post audio clips from the recordings on a website open to anyone with Internet access.
A. Which of the following violated creator rights conferred by 17 U.S.C. § 106? Which rights?
1. Posting the recordings on the Web.
2. Listening to the the performances and recordings
3. Editing any of the performances work in an audio editor
4. One of you plays one or more of the audio clips for a group of friends
5. One of you writes lyrics for the Sharp work, sings it, overdubs it on the Sharp recording, and overdub and offer it for sale on Amazon.
B. What is the "work," in each case?
C. Does one or more of the creators/performers have a valid copyright in his work?
D. Which acts of prima facie infringement from (A) qualify for the Fair Use privilege under section 107? Evaluate each of the four factors