Music-ip questions/hypos

Question:

1. Do Manzo and Gurer have a copyright in their performance? What kind of work is it? Did they infringe anyone else's copyright? Whose? What rights?

2. Consider the examples from the Copyright Examples slides; in which of the following cases has Perritt infringed someone elses copyright? Whose? Which of the exclusive rights from section 106 has he violated?

a. Copies and pastes excerpt from Richard II
b. Copies and pastes excerpt from Arian
c. Enters two instances of the alphabet from memory
d. Enters words arbitrarily selected from New York Times story about Chavez
e. Enters notes of chromatic scale from memory into Sibelius and causes Sibelius to generate an audio file
f. Adds arbitrary bass notes into chromatic scale Sileblius file and causes Sileblius ot generate an audio file
g. Incorporates part of .mp3 of Jordan Phelps singing "I Should Be Beside You" into slide (Phelps signed a work-made-for-hire and copyright assignment agreement before he sang the song in the studio)
h. Incorporates part of .mp3 class recording of Arian Hassanalizadeh playing Brand New Show into slide
i. Transposed recording of Brand New Show, and added clarinet line in Silbelius and generated audio file

 

3. Formulate statutory arguments for either side as to whether the recording and or posting of the Manzo/Gurer performance of Bach's "Concerto for Two Violons" on the Internet infringe the copyright of Kiro Manzo or Tulin Gurer, or anyone else, including everyone in the room at the time of the performance. Same task with respect to "Brand New Show," and/or Arian Hassanalizadeh's performance of it.

Other Questions: (pay close attention to the derivative work concept and to the difference between a musical work and a sound recording)
4. Are Manzo/Gurer entitled to a copyright (a) in their performance, or (b) in the recording of their performance? What is the extent (scope) of their copyright, if any? Give an example of conduct that would infringe it.
5. Could two other violinists play and sing the piece without infringing their copyright? Why or why not?
6. Did you infringe it when you listened to it? Why or why not?

7. Same questions 2-4 with respect to "Brand New Show."

8. What rights, privileges, and powers Manzo and Gurer have vis-a-vis each other? [defer final answer until concurrent interests material in about a week]

 

Hypos:

1. Ryan Janski books a gig at Schuba's and performs a Gregorian chant with the exact rhythm of the first phrase of Concerto for Two violins: four sixteenth notes, followed by eight eighth notes, followed by a dotted quarter note. Infringement? Of what, belonging to whom?

a. He uses the mp3 file from the Manzo/Gurer performance to learn the rhythm Infringement?
b. He listens to the mp3 file on his iPod and chants along while he is walking down the street. Infringement?

2. Eun Nam thinks that "Brand New Show" is catchy. She listens to the recording over and over again until she works out a vocal line that complements the trombone line, books a gig at The Metro, and sings, backed by the the .mp3 recording. What if she worked out the vocal line merely from hearing Hassanalizadeh's performance?

Has she infringed the ABCHM Band's performance right?

3. Chicarelli writes down a simple score as Hassanalizadeh plays, and plays it on his bass, in his condo. At Empty Bottle? Has he infringed Hassanalizadeh's performance right?

4. Guillotte composes a piano solo called "Executory Interests with Spring", records himself playing it and uploads the mp3 file to his Facebook page. A radio station plays the mp3.

Colleen Nickle hears it and sings it at her birthday party.

Has Nickle infringed Guillotte’s performance right?

5. Robert Paladino gets hold of the score Chicarelli created in #3, and produces an enhanced version, with a drum, bass, guitar, and his vocals. He makes a CD and sells it.

Does Paladino have a right in the new CD?

Has Palidino infringed Chicarelli's derivative work right? Hassanalizadeh's?

Has Palidino infringed Chicarelli's performance right? Hassanalizadeh's?

Has Palidino infringed Chicarelli's recorded music right? Hassanalizadeh's?