Mike asked: >>Are these plaintiffs a) bravely standing up against piracy, b) greedy bastards, c) dickheads who can't take a joke or d) unwitting victims of voracious lawyers who are desperate to get every penny out of a recording session that took place 7 years ago.<<
Brenda replied (Mike snipping here and there) >>First, these actors performed a work for a government agency. In the U.S. works of the government are not subject to copyright. << Spain is made up of 17 autonomous regions with and the public transport system generally falls under the ambit of the autonomous area government rather than the state government. I don't suppose this makes a difference to your remarks. >>I find it hard to believe that the agency didn't have them sign a buyout agreement with regard to ownership of the recording. So they wouldn't have rights as individuals unless the work for hire agreement was not a buy out.<< Seems strange to me too >>I suspect no one advised the artist to get clearance because government works are not subject to copyright in Spain...but I could certainly be wrong. << Manu Chao's disk (as you know, Brenda) is absolutely full of samples from everywhere, including his own answerphone, samples in many languages and from many sources. I imagine that his use was a protest against intellectual copyright, but I could be wrong. I think he is moving towards his own label and more control over his product. >>I also think that here in the U.S., Chao could make a reasonable case for a parody use.<< But this is Spain, where the ex national chief of police walked out of prison today after stealing 9 million dollars and he still has it. He only has to return to prison to sleep. And another financier who swindled 18 million dollars is about to leave the prison with almost no money recovered. He robbed the police benevolent fund to make up the losses that the Catholic church lost on bad investments made on his advice. His partners include the sister of high-ranking members of the govt. Mean while, teenagers arrested in anti-globalisation demonstrations sit in prison waiting trial. We have no sense of parody when the reality is so weird. >>This is certainly an interesting question. Keep us posted on the outcome.<< I'm on it mike in bcn NP Coltrane. My favourite things
