Legal Question in Intellectual Property in California
what are the legal reproduction rights in regards to recording children singing songtunes (i.e. wheels on the bus, who let the dogs out) with altered or parodied lyrics. may i seek profit for these songs if they are altered lyrically? would this been done with or without obligation of royalities ? if so ,who would i contact for songsthat are either published or of 'public works' ...such as the star spangled banner . any help would be greatly appreciated . thank you .
1 Answer from Attorneys
I would say coomercializing the children's singing of adaped songs would result in two sets of problems. The first with the copyright holders of the songs; the second with the childrens' parents over commercialization of their performance. Although you might get away with doing a recording with altered lyrics, especially if the commercilaization were small-scale and local, it's still risky. There are fair use and parody exceptions to the copyright laws, but both are easily overstepped. I'd recommend proceeding only with direct advice from copyright counsel.
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