Hey Rob, thanks for commenting. And yes, I posted an oddball example just for fun and not serious debate. However, when you state, "the train passing by on the track is not copyrighted property, at best it is noise pollution if you live by it. And recording the sound of a train going by can’t be compared to copying a song someone wrote and recorded, and legally filed documents to protect that property.", apparently music legal council in California disagreed with your theory, as did The Beach Boys and their production staff and I'm sure Mr. Brad Miller would take issue. Your theory doesn't explain why The Beach Boys chose to pay license and copyright fees for noise pollution they had the means, time and talent to get it themselves for free. It's indisputable "that" particular train I referenced passing by on the track "is" copyrighted property with legally filed documents to protect that property.

Think about it. If my neighbor's lawnmower makes a unique, one of a kind funny noise (noise Pollution)but I like the sound so I go borrow his mower without permission to make a HQ recording of the mower noise and use that in a record I make, copyright the song (with the mower sound effect included), isn't the mower sound the same as the train sound in "Pet Sounds"? Isn't the mower sound effect now copyrighted? Haven't I met John's criteria that "If you are using someone else's work you should 1) get permission and 2) pay for the use! If you decide to do it anyway without permission and paying you are stealing."?

What can be argued that remains murky is the 'work' which is intellectual property rather than the physical mower. The sound source belongs to another but with the mower and with the train, someone else has seen the intellect and art of the source sound. It's my contention If I'm using someone else's intellectual property I should 1) get permission and 2) pay for the use! If I decide to do it anyway without permission and paying, I'm stealing. Just because I see value in someone else's property that they don't see doesn't give me permission to use that intellectual property without just compensation to the rightful owner.

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