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gnfnraxl
 Rep: 43 

Re: Question about GNR remakes.

gnfnraxl wrote:

I have a question that maybe some of you can answer.  I know there are some lawyers here on the board.  What if a band decided to do a remake if you can call it that of one of the leaks and put it on their albums.  Say if NIN decided to remake IRS for example.  Could they be sued?  What about other released GNR songs.  Do you need permission?  Thanks.

Neemo
 Rep: 485 

Re: Question about GNR remakes.

Neemo wrote:

i'm not a lawyer...but i think if someone records a cover of a copyrighted song and plans to release it to make money, that they need the artists (or their estates) consent

A Private Eye
 Rep: 77 

Re: Question about GNR remakes.

Yeah if you plan on releasing a song and it wasn't written by you, then you need the artist who wrote the songs permission. In the case of the leaks I suspect nobody would get permission from Axl to record and release them as a song before he did. Nothing to stop a band performing them live though, VR could perform CD from start to finish (assuming they'd heard it) and Axl couldn't do anything about that. That's my understanding of it anyway.

Incidentally do you think GNR or whoever owns the back catalogue of GNR songs are quite strict on who can do a cover of the songs as their aren't that many released covers of GNR songs around that I'm aware of? Plenty of live renditions by artists of SCOM, WTTJ, Patience etc but very few seem to have been recorded and released.

Backslash
 Rep: 80 

Re: Question about GNR remakes.

Backslash wrote:
A Private Eye wrote:

Yeah if you plan on releasing a song and it wasn't written by you, then you need the artist who wrote the songs permission. In the case of the leaks I suspect nobody would get permission from Axl to record and release them as a song before he did. Nothing to stop a band performing them live though, VR could perform CD from start to finish (assuming they'd heard it) and Axl couldn't do anything about that. That's my understanding of it anyway.

That's right.  I'm not a lawyer, but I have an understanding of business and copyright law.  The only exception to this rule is that the song should be credited if played live, to avoid possible litigation.  If not, it could constitute the tort of passing off.  That's why, when an artist plays something that's not such a well known song, they generally credit the artist or original performer.  Also, if the concert is being recorded for profitable distribution (say, a live DVD), the performer has to get permission from the artist before distributing it for profit.  Of course, it's always good practice to get permission when using someone else's work in any shape or form.

jorge76
 Rep: 59 

Re: Question about GNR remakes.

jorge76 wrote:

I get/agree with what you guys are saying.  I think he's asking specifically about the leaks though, and are they technically copyrighted yet if they haven't technically been released.

Backslash
 Rep: 80 

Re: Question about GNR remakes.

Backslash wrote:
jorge76 wrote:

I get/agree with what you guys are saying.  I think he's asking specifically about the leaks though, and are they technically copyrighted yet if they haven't technically been released.

Yes, it's copyrighted.  If I write a story, I own its copyright, regardless of whether I publish it.

Neemo
 Rep: 485 

Re: Question about GNR remakes.

Neemo wrote:
Backslash wrote:
jorge76 wrote:

I get/agree with what you guys are saying.  I think he's asking specifically about the leaks though, and are they technically copyrighted yet if they haven't technically been released.

Yes, it's copyrighted.  If I write a story, I own its copyright, regardless of whether I publish it.

besides its s guns n roses song...you can bet that Axl coptrighted it the moment he thought the riff was cool...from what i understand it doesnt cost much to copyright material

Backslash
 Rep: 80 

Re: Question about GNR remakes.

Backslash wrote:
Neemo wrote:
Backslash wrote:
jorge76 wrote:

I get/agree with what you guys are saying.  I think he's asking specifically about the leaks though, and are they technically copyrighted yet if they haven't technically been released.

Yes, it's copyrighted.  If I write a story, I own its copyright, regardless of whether I publish it.

besides its s guns n roses song...you can bet that Axl coptrighted it the moment he thought the riff was cool...from what i understand it doesnt cost much to copyright material

Copyrighting is free.  If you create anything that can be reduced to written form (such as a song, with lyrics and music notation), you own its copyright.  Of course, unless you make it obvious that you own the copyright (you can make it obvious by mailing the work to yourself or marking it with ©, your name, and date) it's difficult to prove that you own it.  If you really want exclusive protection, you can register a copyrighted material, but it's not really necessary.

Neemo
 Rep: 485 

Re: Question about GNR remakes.

Neemo wrote:
Backslash wrote:
Neemo wrote:
Backslash wrote:

Yes, it's copyrighted.  If I write a story, I own its copyright, regardless of whether I publish it.

besides its s guns n roses song...you can bet that Axl coptrighted it the moment he thought the riff was cool...from what i understand it doesnt cost much to copyright material

Copyrighting is free.  If you create anything that can be reduced to written form (such as a song, with lyrics and music notation), you own its copyright.  Of course, unless you make it obvious that you own the copyright (you can make it obvious by mailing the work to yourself or marking it with ©, your name, and date) it's difficult to prove that you own it.  If you really want exclusive protection, you can register a copyrighted material, but it's not really necessary.

but being in a band as popular as guns n roses then i would say its a safe bet that anything axl writes, he has a registerd copyright on...i dont know for sure, but i would be willing to bet that he does

jorge76
 Rep: 59 

Re: Question about GNR remakes.

jorge76 wrote:
Backslash wrote:
Neemo wrote:
Backslash wrote:

Yes, it's copyrighted.  If I write a story, I own its copyright, regardless of whether I publish it.

besides its s guns n roses song...you can bet that Axl coptrighted it the moment he thought the riff was cool...from what i understand it doesnt cost much to copyright material

Copyrighting is free.  If you create anything that can be reduced to written form (such as a song, with lyrics and music notation), you own its copyright.  Of course, unless you make it obvious that you own the copyright (you can make it obvious by mailing the work to yourself or marking it with ©, your name, and date) it's difficult to prove that you own it.  If you really want exclusive protection, you can register a copyrighted material, but it's not really necessary.

That's what I was getting at.  I've heard of the "poor man's copyright" and such.  I just didn't know how much would stand up legally and such. 

I guess what I was getting at was the "it's difficult to prove that you own it" part.  The thought I had was all of the supposed GnR songs that have been "leaked" as well.  They are obviously to most of us not GNR songs, but could you use that arguement that you didn't think anything was legit with the actual songs if you wanted to do those if it's not done through official channels.

I guess what I'm saying is:  Is it their burden to prove that you're familiar with the song they never actually released, or is it your's to say I didn't?

I hope this thought makes sense.  I was drunk when I posted my 1st post in this thread.  I'm waaay drunker now.  If it doesn't make sense, hopefully I'll fix it in the morning.

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