@Topic
First of all, thanks Tobias Richter for bringing this point of view up, for I havent actually even thought about that at all, and I think you are right that it should first be asked from the original author.
I would like to point out another thing too however, mainly regarding these "no answer" comments.
For when dealing with NCB, Nordisk Copyright Bureau (the one that follows the rights of all the songs together with other similars) one of the things is that if I would like to make a cover of someone elses work, I first have to contact the author.
However, If I have reasonably tried to contact the author, and this is thought to be as little as having sent the original author a letter to snail mail address that is registered in NCB for that author, or official contact address (probably even email) of authors record company/manager, supposing that is handling this authors stuff, then if i receive no reply, NCBs rules then state that I would have gotten the approval to use that song then.
I think that is quite sensible rule, although there is of course difference to this one, since when that original author first signed to NCB, he agreed to this rule, wether he himself realised it or not, unlike in this cybergraphx case, in which the author have not agreed to anything.
Just thought to point that out for this discussions sake.