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Originally Posted by TankGirl
Are they? Would an American artist be free to release such a work without fear of being harassed by the copyright owners of the original works?
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well if we're discussing reproductions that's where everything changes. here in the us there would be nothing to stop your artist from creating, and even performing her work regardless of its genesis. nothing i've encountered i should say, and i've been associated with live shows and artists who incorporate stuff from everywhere for years. but when that same artist copied the work and released reproductions of it then yes, that's when she'd open herself to litigation possibilities.
i'm a dj. i can play shows all night long, no problem, but i can't sell copies of those shows if they contain copyrighted material and of course they're stuffed with it. people try to pay me for copies and i have to turn them down, it’s too bad. even there if i pushed it i might be able to work out a deal and get the proper licenses…who knows? but it never affects my primary work. it’s true that most people can’t groove to mr. spratts when he’s soaking in the bath and it’s their loss certainly.
he has to be there live – but – if it’s live, there’s nothing stopping him from mashing up the entire riaa catalog should he feel like it.
so it shouldn't stop her from creating either. or i should add,
necessarily. you never know what'll stop somebody from working. but yeah, it could sure stop her from reproducing.
- js.