I have a question about Westboro Baptist and Music Rights
Yesterday I was a part of the group that did the counter protest against WBC in Wilmington Delaware. One thing I noticed was that the woman with the protest sign also had a portable stereo and she was playing popular music all day long. When I first got there it was 'Same Love' by Mackelmore and Ryan Lewis. I also heard them playing a slew of songs by Queen including 'Another one bites the Dust', 'Renegade' by Styx, 'Wrecking Ball' by Miley Cyrus and 'American Idiot' by Green Day. I thought that was a bit odd not just because this Church is so overly religious but some of these bands had lead singers who are openly gay. (I think I yelled out during a Queen song that Freddy Mercury was gay).
What I didn't realize was during this interview (about 20 seconds into the video at the link) she was actually changing the lyrics to the songs. She was singing 'I don't want to be an American Sodomite' to American Idiot.
http://www.delawareonline.com/story/news/local/2015/06/06/big-backlash-westboro-protesters/28611259/
I know Westboro Baptist has a huge reputation of suing people if anything goes wrong. But really, isn't there a lawsuit of some sort there or at least a 'Cease and Desist' for this group to not use these songs? I mean I highly doubt that Green Day or Miley Cyrus wants to know that even the melodies of their popular longs might be used at these protests even if the lyrics are changed. And right there on video is Shirley Phelps-Roper singing along to the melody of 'American Idiot'. I think if the band Green Day saw that video clip they would be none too happy about it.
Doesn't a band have a legal right to protect their song even if the song is just the melody without the lyrics?
= new reply since forum marked as read
right to parody is pretty wide, and some one from Westboro Baptist singing 'American Idiot' definitely counts as parody.
1) "A public performance is one that occurs either in a public place or any place where people gather (other than a small circle of a family or its social acquaintances). A public performance is also one that is transmitted to the public; for example, radio or television broadcasts, music-on-hold, cable television, and by the internet. Generally, those who publicly perform music obtain permission from the owner of the music or his representative. However, there are a few limited exceptions, (called "exemptions"
to this rule. Permission is not required for music played or sung as part of a worship service unless that service is transmitted beyond where it takes place (for example, a radio or television broadcast). Performances as part of face to face teaching activity at a non-profit educational institutions are also exempt. We recommend that you contact your local ASCAP representative who can discuss your needs and how ASCAP can help you."
2) "ASCAP does not license the right to print copies of musical works...
nor does it license rights to make adaptations or arrangements."
3) "If you want to make copies of, or re-record an existing record, tape or CD, you will probably need the permission of both the music publisher and the record label. A music publisher owns the song (that is, the words and music) and a record company owns the "sound recording" (that is, what you hear... the artist singing, the musicians playing, the entire production).
If you plan to hire your own musicians and singers and create an original recording of a copyrighted song, then you need the permission of only the music publisher."
If WBC cannot distort good, popular music to support their lost cause, they might have to resort to booking Ted Nugent and Mike Huckabee to appear at their protests. And no sane person wants or should be subjected to that!
