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著作権侵害について

新聞にyahoo知恵袋のことがのっていた。
誰かが質問をすると誰かが答えてくれるという、一種のコミュニティだ。

それを何とはなしに見ていたらこんなの質問があった。

>ジャズに限らず、コンサートなどで、オリジニナル曲の作曲者の許可なしに演奏し、アドリブをつけた場合、オリジナルの作曲者は著作権侵害として、アドリブまで含めて侵害を訴えることができますか?

回答が「なるほど・・・」と思いつつなんか納得がいかないものだった。

詳しくはリンク先を見てもらいたいのだが、「演奏権」と「著作者人格権」の二つを侵すことになるので訴えることができる、というのが回答の趣旨だ。 行列のできる法律相談みたいなところで是非弁護士同士で争ってみて欲しいものなのだが、「法律通り」に解釈するとそうなんだろうね。

しかし、盗作する意志のある盗作であるならばそれは許される物ではないけど、ジャズにおけるアドリブやモチーフを借りての曲作り、アレンジメント、リハーモナイズなどは、ジャズをジャズたらしめている文化の一つである。 原曲の香りが残っていてもいいし、別に残っていなくったってよい。 「オリジナルと全然違うけどかっこいいね」なんて言葉は、アレンジャーの着眼点やアイディアが評価された最高の褒め言葉だ。

これから、原曲とは全く違ったアレンジやリハモをするときには、リハモの快感兼違法行為のスリルの両方を味わいながら演奏することにしよう(爆)

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