Posted by PTravel on 01/11/06 03:02

"Lee Hollaar" <hollaar@antitrust.cs.utah.edu> wrote in message
news:dq1r0g$1ds$1@antitrust.cs.utah.edu...
> In article <qVZwf.82178$tV6.20789@newssvr27.news.prodigy.net> "PTravel"
<ptravel@travelersvideo.com> writes:
> > There is a compulsory license provided
> >for recording covers. However, arrangements are derivative works, and
the
> >right to prepare derivative works is one of the rights reserved to
copyright
> >owners.
>
> A compulsory license includes the privilege of making a musical
> arrangement of the work to the extent necessary to conform it
> to the style or manner of interpretation of the performance
> involved, but the arrangement shall not change the basic melody
> or fundamental character of the work, and shall not be subject
> to protection as a derivative work under this title, except
> with the express consent of the copyright owner.
> 17 U.S.C 115(a)(2).

Are you aware of any cases that tested the limits of "basic melody or
fundamental character"?

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