tag:blogger.com,1999:blog-12505562.post8717431540037749155..comments2024-03-15T11:42:21.265-04:00Comments on The Patry Copyright Blog: The Dead Hand of widows, including Zappa'sWilliam Patryhttp://www.blogger.com/profile/12987498082479617363noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-12505562.post-64449391099464657762008-11-30T02:41:00.000-05:002008-11-30T02:41:00.000-05:00You guys are on the right track. I found this lin...You guys are on the right track. I found this link to a very enlightening article from an entertainment law review on another blog. The crux of the biscuit appears to be that because of the way ASCAP allocates royalty payments for standard musical performances in clubs, Gail is receiving nothing or next to nothing from ASCAP. Her dubious (IMHO) legal strategy appears to be to getting Project/Object's et al. standard musical performances recharacterized as "dramatic works," which would give her complete control over granting permission and setting prices to perform any Zappa music. All in all, a pretty transparently self-serving move now that Dweezil is on the road with the ZPZ tour. Here's a link to the very illuminating law review article.<BR/><BR/>http://www.cardozoaelj.net/issues/07/Davis.pdf<BR/><BR/>EricAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-12505562.post-25436391470848258922008-01-15T01:20:00.000-05:002008-01-15T01:20:00.000-05:00The "inherently dramatic" argument is clearly pret...The "inherently dramatic" argument is clearly pretty silly -- if ASCAP doesn't have the right to license the singing of showtunes in a piano bar, a lot of people around here are going to be pretty upset.<BR/><BR/>But it raises an interesting question: I've never come across a decision in which a court lays out what the standard is that separates "dramatic" from "nondramatic" musical works. The way it's discussed in the Copyright Act, dramatic versus nondramatic seems to be regarded as a property of the work itself. But in practice, it seems the analysis focuses on the circumstances of the allegedly infringing public performance (i.e., performing "Send in the Clowns" isn't a dramatic musical work when performed at a cabaret, but it is a dramatic musical work when it's performed as part of <I>A Little Night Music</I>).<BR/><BR/>Do you know of any authorities on this question? It's one I've been curious about for some time.Joseph Gratzhttps://www.blogger.com/profile/10780282710379893036noreply@blogger.comtag:blogger.com,1999:blog-12505562.post-88530865931251067482008-01-14T19:33:00.000-05:002008-01-14T19:33:00.000-05:00Arguably if the tribute band does more than play m...Arguably if the tribute band does more than play music on a stage and gussies up the performances with visual references to Mothers or Zappa then it is dramatic performance. This is a problem, definitionally and in terms of licensing, that applies to many Las Vegas shows such as "Celine" in which the staging is so extensive and the story-telling sufficient that it's hard to maintain that it's a non-dramatic use. But the point of the argument is figure out the pay scale. Don't rag on Gail too badly, Yoko has pulled this stuff on Lenon and so did all the Beatles.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12505562.post-74320599201935662012008-01-14T10:26:00.000-05:002008-01-14T10:26:00.000-05:00Can't say I'm too shocked. Gail Zappa has a reputa...Can't say I'm too shocked. Gail Zappa has a reputation for, umm...shrewdness. As I understand the law (IANAL, you are) as long as they're paying proper ASCAP/BMI fees, I can't understand how Gail has a leg to stand on. <BR/><BR/>Man, this would set a really bad president if it stands.Rob G.https://www.blogger.com/profile/03389079991952510620noreply@blogger.com