[Eugene Volokh, August 30, 2007 at 11:36am] Trackbacks
Among the More Amusing Experiences I've Had Recently:

Watching a song in a Russian-language children's cartoon that was set to the tune of "Mack the Knife." (The cartoon was from the Soviet era, when Western copyrights — and perhaps all copyrights — weren't recognized, either de jure or de facto.)

UPDATE: Thanks to commenter Burt Likko for a pointer to the cartoon itself.

uh clem (mail):
What? No YouTube link?

And you call yourself a blogger. Sheesh. (c:
8.30.2007 12:48pm
J.R.:
Seems appropriate, given Brecht's choice to live and work in East Germany and the political viewpoint of the Brecht/Weill operas.
8.30.2007 12:56pm
K Parker (mail):
Given the recent issues with AllOfMP3.com, it seems to still be the case the Russian copyright law is quite different from the West's.
8.30.2007 1:22pm
Orielbean (mail):
What about the Soviet cover of the Beatles tune - Let It Be?
That is an amazing hilarious classic. Children putting different words to the unmistakable tune.
8.30.2007 1:32pm
Mike BUSL07 (mail):
AllOfMP3 is, thankfully, coming back soon, following a Russian court's recent decision that the site apparently violated no Russian law, which decision in turn raises some serious questions about Russian law and courts.
8.30.2007 2:39pm
K Parker (mail):
Mike,

What questions do you think it raises? I'm not particularly informed on the details, but something I read (perhaps AllOfMP3's own explanation, take it for what it's worth) made it sound like Russian copyright law is like our compulsory licensing regimen, except that by law everything is covered that way, instead of it being a voluntary thing that copyright holders can opt into. Does that bear any relation to what Russian law actually says? Somebody help us here...
8.30.2007 2:46pm
Richard Gould-Saltman (mail):
I'm guessing that the lifting of "Mack" was less a conscious calculation regarding the enforceability of the Weill copyright than it was "Here's a snappy tune; until someone cares enough to tell us we can't use it, we'll use it."

I caught a bit of one of the "Coffin Joe" Brazilian horror movies on late night cable a few weeks ago, and was astonished to recognize what was unmistakably chunks of Edgar Varese's "Arcana" in the background music.

I suspect this was lifted without rights clearance (it sure wasn't credited) on the theory that nobody would recognize it (I'm guessing Jose Mojica Marins never crossed paths with Frank Zappa)and that nobody who did would care enough to do anything about it. From the vintage of the film, I'm guessing that a little detective work would have even narrowed the source down to one of only two or three extant commericially available recordings at the time...

r gould-saltman
8.30.2007 2:54pm
Mike BUSL07 (mail):
K Parker, you appear infinitely more informed than I am. I merely implied that legal conditions upon which a website may take IP protected in (let's say) America, and then, in circumvention of domestic protections, sell it to Americans, are unjust. However, like you, I would be curious to learn the basis of the opinion.
8.30.2007 3:22pm
PersonFromPorlock:
Considering that the Soviet Union confiscated everything from a defeated Germany except the paint on the walls, why not a tune, too?
8.30.2007 3:33pm
Burt Likko (mail) (www):
http://www.youtube.com/watch?v=RxbndzYZveM
8.30.2007 4:02pm
It has to be said...:
In Soviet Russia, copyright law infringes you!
8.30.2007 4:14pm
Watzilaus Wondratschek (mail):
@J.R. and PersonFromPorlok: The text from Mack the Knife comes from Bert Brecht - but the tune was composed by Kurt Weill - who became a taxpaying American citizen: So you should not be too cavalier when the rights of a fellow American are violated..
8.30.2007 7:08pm
k parker (mail):
Mike,

Only in the sense that "a little" is infinitely more than "nothing", I guess! :-)

I would agree that the situation, as you describe it, doesn't seem just. However, I think the alternative--that a website operator is subject, simultaneously, to the law of every jurisdiction from which someone accesses that site, is much worse.
8.30.2007 9:20pm
Richard Gould-Saltman (mail):
Hmm, the wolf and the doctor sing "Tea for Two", as well!
Anyone told the Ceasar and Youmans estates?
8.30.2007 10:09pm