I was hoping I wasn't going to feel the need to weigh in on this but I feel like this story has gotten way more bad coverage than is necessary and I'm realizing that people in general don't know a whole lot about copyright law. *sigh*
The Situation: Jonathan Coulton aka JoCo is internet famous. He is known for songs such as, "Re: Your Brains," "Code Monkey," and a whimsical, slow-jams cover of Sir Mixalot's "Baby Got Back." The song in question for this situation is that last song, "Baby Got Back." This is a cover of a song that someone else wrote so at some point in time before JoCo released the album in which this cover first appeared, JoCo payed a specific sum of money to Sir Mixalot because he wrote the song and owns the copyright. By doing so, Sir Mixalot granted JoCo permission to make money off of a song created by Sir Mixalot. JoCo then took this song all over America and the internet and the children smiled and were happy.
Sir Mixalot still owns the copyright to this song which protects the melody of the song and the lyrics, not the arrangement.
Enter "Glee." The production team on "Glee" hear JoCo's version of the song and say, "Hey that sounds like fun. Kids will like that." Production team calls up Sir Mixalot, asks for permission to use his song, he says yes, "Glee," gives him money and washes their hands clean of the incident.
The song hits iTunes and the internet is FURIOUS!!!!
Unfortunately the internet is also not entirely up on Copyright laws and starts making accusations about "Glee" going after some of JoCo's original songs next. Well, no they aren't going to do that, JoCo would be notified and they'd have to pay him loyalties first.
What was stolen here was an arrangement of a song and arrangements are not covered under U.S. copyright laws. All JoCo can do is pretty much what he's already done: express his unhappiness at the fact that "Glee," didn't ask to use his arrangement, alert media outlets that "Glee," has previously "borrowed" arrangements from other people and try to make a little money off of the situation.
(JoCo is currently selling his cover of a cover on the iTunes store and says that he plans to donate the proceeds to charity. https://itunes.apple.com/us/album/baby-got-back-in-style-glee/id596893770 He has not stated which charity.)
No, he doesn't have any legal grounds to sue "Glee." His copyright was not infringed upon.
I think the biggest problem I have with this whole thing is that it could have been solved really easily!
Allow me to demonstrate:
*ring, ring*
JoCo: "Hello? Jonathan Coulton speaking."
Glee: "Hello Jonathan! We are the production team over at "Glee." Perhaps you have heard of this show!"
JoCo: "Oh yes! I don't personally watch it but yes, I have heard of it. How can I help you?"
Glee: "In a new episode this season we are considering performing a rendition of Sir Mixalot's "Baby Got Back," and we were wondering if you were cool with us using your arrangement."
JoCo: "How kind of you to ask! I would be flattered to see my rendition of this classic song on your program! Would you mind listing me in the closing credits of the show?"
Glee: "Would a "Special Thanks" suffice?"
JoCo: "Absolutely! Thank you for calling."
Glee: "Thank you, Jonathan and have a Gleeful day!"
JoCo: "You too! Goodbye!"
*hangs up phone*
Boom! That's it! The End. All they had to do. How hard is that?
Hopefully this unfortunate experience will be enough to teach the "Glee" production team to ask nicely next time... Though probably not.
The thing about this is also JoCo releases his songs under something called "Creative Commons" which allows him to grant a sort of artistic license to others when using his songs. Creative Commons allows you to pick and choose which rights you wish to give freely and which you wish to retain. JoCo has allowed the use of his songs for things such as podcasts and web series and so on for free and without any need of legal documentation. I think the only issue I have with this is Glee tried to play it off like this was their original song and completely their idea.
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