Glenn Folkvord (Hyperion Media) schrieb am 29.08.2003 19:51 Uhr:
----- Original Message ----- From: "Jan" <dasfestistzuendeaus@yahoo.de>
It doesn't matter whether he co-composed TEE or not. Every musician in the world has the right to play any music there is in the world.
If you are talking about public performances, your statement is simply not true.
The "right" to publicly release or perform someone else's composition is regulated by treaties and copyright agreements in which fees must be paid to the original composer. This is pretty much a standard procedure where you fill out a form and pay a fee, but the original owner can refuse such use and excempt his work from these standard procedures.
Well, my copy of the latest edition of Krasilovsky/Shemel is lying on my desk, but let's not make it more complicated than necessary ... ;-) To be korrekt: It depends. If the composer is the owner of the performing rights, you are right. But if he gives the rights to a publishing company (which he normally does) or his work is copyright controlled by ASCAP, GEMA, SACEM etc., he has nearly no chance to stop unwelcome cover versions or live performances of his composition. If a composition is once published, any musician is allowed to perform it on stage or record without any special permission of the composer; at least in most European countries. Off cause he has to be aware that there's a copyright existing. Only if the music is performed so bad that it makes the composer look ridiculous, the composer may try to stop further performances. But the burden of proof lies with him then, this at least is the German legal status (I don't know about the legal positions all over the world). Kraftwerk are their own publishing house (Kling Klang Musikverlag), but I think even they won't be lucky when trying to stop Karl's performances of their music. Jan