[linux-audio-user] Legalities

[Brad Fuller]

david wrote:
> Bob van der Poel wrote:
>>
>> Anyone know much about the legalities of posting music recorded by 
>> oneself, but written by someone else? I put up a few recordings on my 
>> web site, mostly as a demo of MMA ... but I got to wondering the other 
>> day if some nice lawyer is going to be knocking on my door? I'm not 
>> too worried since I do live in Canada, and the server is <somewhere in 
>> Europe>. But, still ... one has to wonder.
>>
>> In my case, I didn't write the music. But, I'm the "artist" (and 
>> recording engineer, etc.). And, I'm not selling anything. And, they 
>> are just demos.
>>
>> So, should I worry? Should I take them down?
> 
> Assuming the original composition was NOT released under some kind of 
> "free" license by the composer - you should get permission to 
> perform/record the composition. You MIGHT be liable for royalties.

If they want, they can take you to court for infringement

> My church pays royalties each year or quarter, I forget which, for the 
> songs we use in services.

Your church is paying royalties to a licensing company such as ASCAP/BMI 
for those performances.

I think Bob's question has to do with several rights: the mechanical 
rights since he recorded the song, the performance rights since he 
performed on it, and I think there might be a duplication right for the 
composition if it was done someplace else. But, beyond the rights, it 
just sounds like Bob recorded someone's copyrighted song. And, maybe he 
arranged it in a different way (and other question.) In general, if you 
are offering copyrighted music to download from your site you'll need a 
license to do so from the copyright holder(s).


brad


-- 
brad fuller
  http://www.Sonaural.com/
  +1 (408) 799-6124