Klarinet Archive - Posting 000150.txt from 2000/09

From: "Kevin Fay (LCA)" <kevinfay@-----.com>
Subj: RE: [kl] ClarFest CD's
Date: Tue, 5 Sep 2000 11:31:22 -0400

Bilwright@-----.net asked:

<<<Legally (which is not the same as art or historical accuracy), how much
latitude do you have before the composer is legally entitled to prosecute
because you
misrepresented his or her composition to the public?>>>

This is an interesting question. On the one hand, the flip reaction is that
it will never happen -- jazz musicians have been playing show tunes for
about the entire history of jazz. Shows have provided many if not most of
the "standards" that form the canon of tunes that are the base for their
improvisation.

. . . but hey, it's happened. Charlie Barnet featured a very young trumpet
player by the name of Maynard Ferguson, whose "signature" tune was "All the
Things You Are." (For you trumpet blastophiles, you might be interested to
note that the section was led by Ray Wetzel, with a very young Doc
Severensen along, too.) The composer didn't like it enough that a lawsuit
ensued. I have no idea of the legal theory -- all I know is what I read on
the record jackets -- but when MF moved over to the Stan Kenton group they
didn't feature that song lest they get sued, too. So they commissioned
Shorty Rogers to write "Maynard Ferguson," virtually unplayable by mere
mortals. (But see the recent performance of Scott Englebright @-----.

I'd have to do a fair bit of research to find the basis of the suit. To my
knowledge, it did not result in a reported court decision. Outside the
United States, you can bring such a suit on the grounds that the performer
or derivative work violates "moral rights" -- the right of an artist not to
have their work defaced. (Usually about painting sculptures and the like.)
I don't know if a moral rights claim has ever been made over a bad
interpretation, or a simple bad performance. Since we don't have "moral
rights" (!) here in the U.S., though, I'm pretty safe in not getting sued
for *my* performances, no matter how bad.

kjf

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