So is it like with the reverse engineering of a PlayStaion emulator?
Not really. A process or invention can only be patented, not copyrighted (though elements such as the BIOS can be copyrighted).
No one is gonna care about a cover from an unknown band.
You're probably right. However, the question was not whether or not covering is generally tolerated, but whether or not the artist can sue if the cover is done without permission. All law I've seen suggests that they can (in the U.S., as long as the work is registered with the Copyright Office).
I highly doubt Nirvana went to Boston and said "Hey, can we do a joke cover of your song for the Reading festival to make fun of how similar Smells like Teen Spirit and More than a feeling are?"
Parody is usually considered to be exempted by fair use, so this is a bad example. Also, I haven't listened to Nirvana in a while, but... Smells Like Teen Spirit is similar to More Than A Feeling? I must be missing something. I mean, they both have electric guitar and someone singing, but beyond that...
Ever take Guitar lessons? Has your instructor ever recorded you playiing the riff from the latest song? I doubt he went out and got permission to do so.
I also doubt he's broadcasting it or distributing recordings.
Do you think cover bands get permission to do songs? Even when they take requests?
No, but as I understand it clubs/bars/etc. that host cover bands are often licensed by ASCAP and/or BMI and pay the relevant fees. These licenses generally grant performance rights for the entire catalogs administered by these societies so that the club/bar/whatever owner doesn't have to get a separate license for each song or band.
To further prove my point, I challenge anyone to find a case dealing with this issue.
Downloading Sega CD games is legal. To further prove my point, I challenge anyone to find a case in which an individual was sued for downloading Sega CD games.
Right...
(Edited by ExCyber at 2:47 am on Mar. 10, 2002)