At 06:53 PM 7/30/2003 +0200, Jan wrote:

Enrique Correa schrieb am 30.07.2003 15:18 Uhr:

...

Have you ever wonder why Karl can get away with playing KW songs live? He even welcomes you with a well known phrase from the Electric Cafe album on his website! How come R&F don't go after him?

Is he: 1. paying rights to R&F so he can do what he does with KW tunes / phrases?

If a composition is published, every musician can play it live or on sound storage medium. He simply has to be aware that there's a copyright, he has to pay for the right of use.

There is only one possible way for the composer to forbid such a performance: if his music is played so bad that is makes the composer look ridiculous.

In the United States it's a little different. The way the copyright laws are set up here (last I looked, at any rate), there's something called a "compulsory license": any artist can pay the copyright holder a legally set royalty in accordance with a legally set payment schedule, and as long as those terms are adhered to, then the artist can cover the song, regardless of whether the copyright holder or composer consents to that cover or not. Usually, artists who want to cover a work try to negotiate with the copyright holder on the terms of a license to record a work, because such a negotiated license will generally provide more favorable terms to the cover artist (lower royalty payments and a less strict payment schedule). However, if negotiations were to break down, the copyright holder can't forbid the artist to cover his/her work as long as the compulsory license conditions are met. The only exception that I'm aware of is the so-called "first issue" right. The composer does have an absolute right to decide who will record his/her work first, and can absolutely withhold permission in that situation. But once the first, composer approved, recording of a work has been released, then anyone who wants to secure a compulsory license can go ahead, make the legal payments in accord with the legal schedule, and cover the work, regardless of the wishes of the copyright holder. Best regards, Len Cleavelin -- Are there new Latin words for things that the ancient Romans didn't have? Well, Radio Finland (or in Latin, Radiophonia Finnica Generalis) broadcasts Nuntii Latini ("Latin announcements") in Latin via short-wave radio and by the Tela Totius Terrae (World Wide Web). Exactly why they thought it was a good idea to broadcast the news in Latin is another story, probably having something to do with very long winters and a steady supply of Finlandia vodka. --SDSTAFF bibliophage [Straight Dope Science Advisory Board]

EC> Is he: EC> 1. paying rights to R&F so he can do what he does with KW tunes / phrases? EC> 2. doing what he pleases because he completely or partially wrote those EC> tunes / phrases? EC> 3. all of the above?

I think it is option #2. For example, on the Computer World album, Karl co-wrote all 7 songs. Why shouldn't he be able to play songs he co-wrote just because he left the band?

Again, I can only refer to what he told me, and that was that these tracks are there for _anyone_ to play. He doesn't claim any moral rights just because he was once a part of Kraftwerk. And yes, this is just what he told me, I can't promise it's his innermost thoughts. / Petter