Received: by bdragon.shore.net (0.99.970109)
  id AA00101; 15 Mar 97 04:17:19 -0500
From: Mary Creasey 
Reply-To: filk-l@bdragon.shore.net (Multiple recipients of Filk discussion)
Nntp-Posting-Host: 207.147.204.212



Paul Ciszek wrote:
> 
> Mary Creasey  writes:
> 
> >No, you are not in error; she has indeed. It is only that the credit/
> >attribution line needs to be altered in copies you may have on disk.
> >We, her current publishers, fully support her wish to disseminate
> >her lyrics and songs, while supporting as well her right to be paid
> >for professional use (i.e. moneymaking for-profit) thereof. We, and
> >she, only ask correct copyright data be attached (as is, I believe,
> >in Da Rules). Leslie was the first of all on the blanket list, and
> >we see no reason to change that.
> 
> >This IS an official reply and comment from Random Factors.
> 
> I think I read this as, a recorded performance is copyrightable separate
> from the song itself, i.e., I can xerox the song lyrics for somebody (with
> attribution), but Lesie will rip out my liver and lights if I make a copy
> of the _tape_.  Is that more or less it?

Not quite. If you tape Leslie at a filksing, and make one copy to give to 
a friend, that's within what filkers consider fair usage (or, using your
example, if you gave someone a copy of the lyrics). But if you SELL the tape, 
(or the lyric sheet, or a songbook with the lyrics) you MUST get permission 
from Leslie (as the performer) and us (as her publisher) and pay the
appropriate 
royalty. Nor should you make copies of commercial tapes (although an archival
copy to protect the original--especially with the old out-of-print stuff--is 
allowable). That comes under the rules of copyright, fair use, and music 
publishing, as usually applied in our community AND in law. If you filk her 
songs, she wants a copy of the lyrics (or the tune, if that's what you change);

that's a standard filkers' courtesy. OTOH, if you perform the filk on a tape 
for sale (say, a con collection) the publisher must get the appropriate license

from us as her publisher for the tune, and from you for the filked lyrics.
 
> Oh, does Leslie want attribution for "Banned from Argo"?  Or should I tell
> people that Jesse Helms wrote it?

 I doubt at this stage of the game (nearly 20 years since it was 
written) you could divorce her FROM BFA; it's as much part of her as 
"Hope Eyrie". But she WOULD have your hide if one cent of the royalties
went anywhere NEAR Jesse Helms! She wrote it, for better or worse; hers is 
the right to make whatever she can from it, and ours is the right to help 
her get it in return for our publishers' cut.

This is an official reply and comment from Random Factors.

Mary Creasey

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