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Sun 13 Jun, 2004 02:24 pm
I am involved in a debate that I need some clarification on the legal aspects of. Please share any precedents or any information that would clarify on the legality for or against the issue. Here's the issue:
The song Edelweiss was made famous in the Sound of Music and is copyrighted. This much is known, the rest is a legal question: If you are with a group of people and sing that tune with new words, are you violating the copyright? The tune isn't in print, only the new words. Since the tune is so common, most know it and can sing along with the new words.
What are your thoughts? Some say that it is a violation, but it seems that since we are not printing the tune that we are not violating the copyright.
-Jason
I'm not a lawyer, but it seems to me a key factor would be whether or not you are being paid for the performance; is the tune of Edelweiss making you money in any way?
No. I am found some more information though that the writers of that song specifically requested that it not be sung unless completely intact, words and music.
That pretty well answers that I guess.
Given that the writers of the song made that request, that's what prevails. But if that request hadn't been in force, you'd have a parody (yes, even if it's not meant to be humorous, it's still called a parody). And in that case it's probably okay. See:
http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/9-b.html and look directly below the second tan box from the top.
By adding new words to an existing tune, you have created a derivative work. That is a violation of the copyright laws. It doesn't matter if you are performing it for free or for payment: as long as you perform it, you're violating the copyright holder's rights.
There is a certain amount of leeway granted to authors of parodies, but not if you are using a part of the work (such as the tune) unaltered. Take a look, for instance, at one of Weird Al Yankovic's albums and you'll see that the original songwriters are credited along with Yankovic on the song parodies -- and they're getting royalties too.
When you look at the tune and the composer, you'll soon find:
Oscar Hammerstein II and Richard Rodgers - © 1959 :wink:
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