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RE: Troubling Copyright Practice and Question.......

Posted by Charles Hansen (M) on November 5, 2017 at 01:58:38

In Reply to: Troubling Copyright Practice and Question....... posted by Todd Krieger on November 4, 2017 at 23:22:06:

I'm not so sure that "The 5th Dimension" was the "original artist", as the song was written by Jimmy Webb, according to your link. If that is really the case, the The 5th Dimension must have been one of those "manufactured" groups like "The Monkees" where some producer wanted to cash in on a the latest fad. Just figure out the latest trends (at the time of The 5th Dimension, racial integration and sexual integration), dress them up in the current fashionable clothes, and back them up with the best studio players or the day.

(Side note: It appears that one of members of The 5th Dimension, Marylin McCoo won the talent portion of the "Miss Bronze California" beauty pageant. What a weird concept this seems nearly 50 years later - to have a separate "beauty contest" for African-Americans - blacks - be called "Bronze". I don't get beauty contests, I don't get why they are only for women, I don't get why they would have a separate one for people of different descent - I guess I don't get much of anything.)

As far as YouTube and copyright goes, my understanding is that YouTube will post anything - until a copyright holder protests. Then YouTube takes it down, pretty much without resort. I would think that Jimmy Webb's estate would hold the copyright, although my understanding is that current copyright law puts things into the public domain after 50 years unless specific actions are taken.

That is one of the big reasons we are seeing things like the recent re-release of "Sgt. Pepper's" by The Beatles. If they had not officially released the outtakes before the 50 years were up, then all of the bootlegged material of the outtakes would have been in the public domain for anyone to use freely, for any purpose whatsoever.

You could have had giant corporations (such as car manufacturers) legally use those genuine Beatles outtakes for their advertisements, on TV, radio, and the internet. Copyright law is very complex, constantly changing, and varies widely from country-to-country. It used to be that Italy had the most lax copyright laws in the Western world, so almost all "bootlegs" of outtakes, live performances, and other such material was available on CDs made in Italy. That changed a lot when Italy joined the EU.

Hope this helps.

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Kimber Kable

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