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Subject: An aussie in parody hell

Written By: debminty on 07/10/05 at 11:14 am

I really need help. I'm an Aussie singer/ songwriter of parody songs, but I'm tied up in red tape because of Australian copyright laws. Unlike US citizens, I can't write parodies, let alone record or even sing them, without the permission of the 'legal' owner of the music. That's a bummer when they say no - and they do! My songs are funny, not rude. But I've even been turned down by US songwriters even when the same song has already been parodied by another US singer. First Amendment! What I need is someone - a US citizen, naturally - who is willing to be my parody songwriting partner. You can have the royalties (if any) All I want is to be able to sing my songs and have some fun! I have already recorded and released "Achy Fakey Bra" under my stage name Busty Brasierri (available on this site) so I mean business. Can anyone help? My email is parodyfreek@yahoo.com.au

Subject: Re: An aussie in parody hell

Written By: EthanM on 07/10/05 at 12:18 pm

There are a few australians who hang around here - stu macarthur, luke brattoni, i'm not sure if troy is still around but he might be. Hopefully they can help.

Subject: Re: An aussie in parody hell

Written By: Luke Brattoni on 07/10/05 at 7:45 pm

Ha!

Sorry, I've had a failed attempt at publishing 3 of my Harry Potter parodies a few years back and have just steered clear of the subject ever since, as I have no idea about copyright laws et al.

Stu?...

Subject: Re: An aussie in parody hell

Written By: SteveCav on 07/10/05 at 11:19 pm

Like the rest of us Aussies. Our laws are stifling.

Subject: Re: An aussie in parody hell

Written By: Luke Brattoni on 07/10/05 at 11:32 pm

TELL me about it! We're not even allowed the most simple of liberties that Americans have...
...we're forced to drive on the left-hand side of the road!

Subject: Re: An aussie in parody hell

Written By: Stuart McArthur on 07/11/05 at 12:21 am

I didn't realise you were an Aussie, Steve (I remember suspecting it then changing my mind for some reason)

Deb - I had exactly the same problem.  I wrote an American Pie parody for the Collingwood Football Club, posted here as

http://www.amiright.com/parody/70s/donmclean71.shtml

which was recorded by Mike Brady for 3AW radio station and played on air for a week (they were prepared to take the risk) but then Collingwood wanted to play it at half-time in the middle of Victoria Park for their last game there, in front of 60,000 people and I got worried, so I contacted Don MacLean's Australian agent for permission, and they said "under no circumstances whatsoever"

Then they asked if I'd had it recorded or performed anywhere else (fortunately my phone lost connection immediately after that question ;))

so I sympathise, and the only way out would seem to be the idea you've already come up with, finding a US partner

so, now the problem's been handballed amongst us 3 Aussies, I now torpedo-punt it back over to the US.


Subject: Re: An aussie in parody hell

Written By: karen on 07/11/05 at 7:30 am


TELL me about it! We're not even allowed the most simple of liberties that Americans have...
...we're forced to drive on the left-hand side of the road!


and the problem with that is?.......

Subject: Re: An aussie in parody hell

Written By: ChuckyG on 07/11/05 at 8:53 am

I think you're going to find the same issue in America.  Royalties still must be paid to the original writer of the music (and you have to pay if you use the original performance as a backing track too).

American businesses and organizations like the RIAA have been spreading their poison around the globe, to make countries adobt the same stifiling legal nonsense we have in this area.

Subject: Re: An aussie in parody hell

Written By: Mistress Leola on 07/11/05 at 9:59 am

I don't get it -- is this a legal issue per se, or a artist authorization issue?  I don't understand why an artist or their rep would give you permission to perform a parody in one country and not another.

As for willingness to concede 'royalties', if any: be very, very clear about what you're willing to give away, and be careful to spell (write) everything out very clearly.  Famous last words: "sure, what are the chances it'll make any money at all?"

Subject: Re: An aussie in parody hell

Written By: Gonfunko on 07/11/05 at 12:56 pm

There's always the opttion of invading some island and becoming supreme dictator of your own country.  ;)

Subject: Re: An aussie in parody hell

Written By: debminty on 07/12/05 at 8:34 am


I don't get it -- is this a legal issue per se, or a artist authorization issue?  I don't understand why an artist or their rep would give you permission to perform a parody in one country and not another.


Yeah, it's a legal issue. I had a parody of a song written and asked the author for permission and he said no and I had to scrap the whole thing. In the US (if I was a US citizen) I could write, record and perform the track under the rites of the First Amendment - freedom of speech. As an Aussie (or anyone else) I must live or die under the express permission of the original authors. US authors know they can be parodied by other Americans, so they can only 'give in gracefully' but they can say no to others around the world so that gives them power.

I really need a solid body with US citizenship to lend me his/her name. As to the money issue. Who cares! I'm not in need of money - I just want to sing and perform my music.

PS - if you want to hear my version of Achy Fakey Bra, go to http://www.mp3.com.au/track.asp?id=107412

Subject: Re: An aussie in parody hell

Written By: The Mistress Leola on 07/12/05 at 9:21 am



Yeah, it's a legal issue. I had a parody of a song written and asked the author for permission and he said no and I had to scrap the whole thing. In the US (if I was a US citizen) I could write, record and perform the track under the rites of the First Amendment - freedom of speech.



But First Amendment not let Americans to use other people's melodys for broadcasting purpose without permissions... I sink you may be overestimating our liberties over here...

Subject: Re: An aussie in parody hell

Written By: debminty on 07/12/05 at 9:34 am

There is a difference between using a melody for profit and perfoming a parody. The dictionary definition of 'parody' says :- a literary or musical work in which the style of an author or work is closely imitated for comic effect or in ridicule. Trust me. I've done a hell of a lot of research. You can check it out for yourself at http://borgus.com/legal.htm

Subject: Re: An aussie in parody hell

Written By: ChuckyG on 07/12/05 at 11:16 am


There is a difference between using a melody for profit and perfoming a parody. The dictionary definition of 'parody' says :- a literary or musical work in which the style of an author or work is closely imitated for comic effect or in ridicule. Trust me. I've done a hell of a lot of research. You can check it out for yourself at http://borgus.com/legal.htm


Unfortunately, all the cases that are cited in that example use excerpts, not the entire music bed from the song like Weird Al Yankovic does (noting of course, that the music he uses is played by his band). 

If you're just looking for someone to give a recording airplay on the radio in America, as long as the music is credited to the original performers and the radio pays the air-play fees to the appropriate owner, it's legal.  I'm willing to bet the same is true in Australia though. 

If you're looking for someone in America to publish the parodies as recordings, that's an entirely different situation, and requires fees to be published upfront for each copy published.

Subject: Re: An aussie in parody hell

Written By: debminty on 07/17/05 at 8:28 am

Ah come on guys, 150 of you have read this. Surely someone can come to my rescue?

What I need is someone (US citizen) to add their name to mine as the writer of my parodies. That way I can't be forced to dump my songs in the trash if the original author says he/she doesn't want the parody done.  :\'( :\'( :\'(

PLEASE????

Check out my website to see how real and serious I am
www.bustybrasierri.spiderweb.com.au

Deb Minty

Subject: Re: An aussie in parody hell

Written By: EthanM on 07/17/05 at 10:29 am

I have some doubts about the legality of this... saying I helped write something i had no part in sounds fishy to me. However, maybe i can change a line or so (nothing without your permission of course) in each song so i could honestly take co-author credit

Subject: Re: An aussie in parody hell

Written By: debminty on 07/18/05 at 1:54 am


I have some doubts about the legality of this... saying I helped write something i had no part in sounds fishy to me. However, maybe i can change a line or so (nothing without your permission of course) in each song so i could honestly take co-author credit


That's exactly what I'm aiming for. I'm sure you could improve on my ideas and smoothe out some rough edges - and I get to breathe easier because they can't force me to dump the song.

Subject: Re: An aussie in parody hell

Written By: EthanM on 07/18/05 at 8:24 am

ok. I just sent you a response to the email about this that you sent me a few days ago.

Subject: Re: An aussie in parody hell

Written By: JamesSquireEsquire on 07/19/05 at 12:48 am

Hi there girl,
I spent quite some time Down Under and I've got quite a few songs you might like. I just posted them on the AmIRight website. You can use them for your act if you like them and I'd be glad to help you out. I'll message you privately.
James

Subject: Re: An aussie in parody hell

Written By: JamesSquireEsquire on 07/19/05 at 12:55 am

Hey girl!
You are the boss! I just downloaded your Achy Fakey Bra. Top Job!

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