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Fair Use

What if you take a recorder to a concert and capture the performance for inclusion in your podcast? You’d own the rights to that, wouldn’t you? The answer is “probably not,” unless you are also the songwriter and performer for the performance in question. Copyright law recognizes the rights of the author and of the performer, and both must be secured before a performance is recorded and distributed. These dual rights are why, for example, school musical performances so often carry an order against recording from the audience—the school has been granted a license by the author (or the publisher, acting for the author) to publicly perform the piece, but not to record it. You should know that you have the permission of everyone who holds copyright to the music being performed before you set up to record and podcast a performance.

tip

Satire and Parody—is there a difference? There sure is. Parody is a work that imitates an artist’s style in a humorous way. Satire is a work that holds some of society’s failings or foibles up to the light. Parodies must be based, to some extent, on existing works, while satires are often completely original. Parody is explicitly protected under copyright law.



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