Legal Question in Intellectual Property in New York
intellectual property/copyright
I've been personalizing songs by rewriting lyrics of popular songs for birthdays, anniversaries, etc. and performing them at family gatherings for many years. I am thinking of turning the talent into a business, but don't want to run into problems with copyright infringement. I ''googled'' the topic, but much of the info pertains to the group 2 Live Crew and their vulgar parody of Pretty Woman. My use of songs is less about lampooning or ridiculing the original material, and more about merely using the music to support the poems I write (sort of like Mad Magazine's ''sung to the tune of'' material). None of my words would reflect negatively on any other individual's creative property or cause them any embarrassment. which, according to what I read online, is a big contibuting factor to the bringing of lawsuits against those who diminish their reputation or brand. I'd like to know if there is anything I need to do legally to avoid any problems, or can I merely proceed to write, sell and possibly perform the parodies. Note: Sometimes I perform them with my guitar, and sometimes I use karaoke tracks. If I record a song on tape/CD and sell it, I imagine that's the potential issue. Can anyone shed light on this for me so I can get started?
1 Answer from Attorneys
Re: intellectual property/copyright
To record other composers' songs, you need to obtain a license from the composers' publishers. If they have been published, you may qualify for a so-called compulsory license, which means they may not refuse you a license provided you pay a royalty at the statutory rate and comply with certain conditions.
However, the moment you start changing the lyrics or the music of songs, you need a license from the publishers of the songs. The copyright holders do not have to give you a license and may refuse your request for a license. This is where your treatment of the song comes in, but even if you believe you are not doing anything negative to the song, the authors or the publisher administering their rights may disagree with you.
With respect to live performance of other people's songs, there's also a performance license involved but that is mostly the concern of the venue owners where you perform.
If you are starting to do any recording or live performance commercially, consult a music attorney for advice.
The above reply is in the nature of general information, is not legal advice and does not form an attorney-client relationship.
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