Re: kandelikas

[Bob Wiener <wiener...>]

Aside from the monetary issue, would Flory be entitled to title credit?

That is, does she have a (legal) right to be credited when the name of her
song is used in this way?  If so, does the royalty payment cover the
misattribution of her song's authorship to traditional?  What about other
cases in which her song itself is sung with a "traditional" attribution.
What are her remedies, in theory, if not in practice?  Correction of the
attribution in future uses?  Money in addition to royalties?  Surely mere
payment of a royalty does not permit the royalty payer to avoid giving
recognition to the author (knowingly or innocently) and instead give
recognition to "traditional" (or to oneself -- if only by the omission of an
attribution).

Bob

----- Original Message -----
From: "Judith R Cohen" <judithc (at) YorkU(dot)CA>
To: "World music from a Jewish slant" <jewish-music (at) shamash(dot)org>
Sent: Tuesday, November 05, 2002 5:16 AM
Subject: kandelikas


> hi, I'm glad the issue was resolved so quickly and pleasantly and am not
surprised at Flory's
> generous reaction, which is typical of her.
> But I AM surprised at the discussion of how much was new material.
Clearly, it was BASED on the
> idea of Flory's song and the title she gave it, and form the line
"traditional" on the web site
> extract, and form Josh's own comment that they didn't know it was by Flory
at first (many people
> don't know this: a tribute to Flory's song-writing and knowledge of her
tradition). That means
> she is entitled to the royalties anyway. If she chooses to waive this
right, that's fine, they
> should simply (as I understand things) automatically go to her anyway. (A
little extra for
> presents for the grandchildren is always nice and the Ocho Kandelikas
season itself is around
> the corner!) Judith



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