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Authored by: albert on Monday, May 20 2013 @ 05:39 PM EDT |
Music and writing are expressions of ideas/emotions. Copyrights protect
_particular_ expressions. In music, it's the melody and lyrics that are
protected; you cannot copyright chord progressions (a particular sequence of
chords). You cannot copyright titles of musical compositions. ( I'm sure there'd
be trouble if I used 'Coke' or 'Harry Potter' in a song or literary title. Those
are protected by trademarks.) The copyright applies to the music/text described
in entirety in the application. In most cases, a _recording_ of the music is
presented.
Patents describe mechanical devices, or methods/processes. Machine patents are
fairly easy to deal with; the others, not so much.
Can a machine be copyrighted? No, but the _description_ of the machine could be.
Patents protect the actual machine; copyrights, the expression or description
of the machine.
I could write a song about a patented machine, and describe it exactly, and
copyright the song. As long as I didn't violate other copyrights, I'd be OK.
Can a song be patented? Assume yes. The _exact_ expression of the song needs to
be presented. The title, melody, lyrics, chords need to be unique, as well as
the key, the instrumentation, and vocals. If I changed each of those items just
a little, I could have a patentable, non-infringing 'new' song, discernibly
different. Where do you draw the line?
Copyrights work reasonably well. Their rules make sense, they are logical and
fair. There is a royalty system in place (at least for music). "Fair
use" precedents are established. New technologies have been absorbed.
Don't even get me started on patents {:-)>
[ Reply to This | Parent | # ]
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Authored by: cjk fossman on Monday, May 20 2013 @ 05:45 PM EDT |
Wouldn't a patent on a piece of music look a lot
like copyright?
And wouldn't a copyright on an invention
look
a lot like a patent? In the end,
both grant exclusivity over
an idea for a determined time.
A
copyright covers the expression of an
idea, not the idea.
A
patent covers an invention, not an
idea,
nor a discovery. [ Reply to This | Parent | # ]
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- Well, maybe that's why you're confused - Authored by: Anonymous on Tuesday, May 21 2013 @ 05:07 AM EDT
- Well, maybe that's why you're confused - Authored by: albert on Tuesday, May 21 2013 @ 09:47 AM EDT
- I think YOU'RE confused. - Authored by: Wol on Tuesday, May 21 2013 @ 12:24 PM EDT
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- Er, right - Authored by: PJ on Wednesday, May 22 2013 @ 07:14 AM EDT
- Er, right - Authored by: Anonymous on Wednesday, May 22 2013 @ 08:07 AM EDT
- Well, maybe that's why you're confused - Authored by: cjk fossman on Tuesday, May 21 2013 @ 01:02 PM EDT
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