10 Mar
2007
10 Mar
'07
9:53 p.m.
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?
--
Bob van der Poel ** Wynndel, British Columbia, CANADA **
EMAIL: bob(a)mellowood.ca
WWW: http://www.mellowood.ca
10 Mar
10 Mar
10:11 p.m.
I think it's still illegal unless you have specific permission from
the copyright holder, regardless of whetehr or not you are selling it.
Posting a cover tune online may fall under the "public performance"
rights law. Look out how freaked out they get over tablature put
online...
On 3/10/07, Bob van der Poel <bob(a)mellowood.ca> 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?
--
Bob van der Poel ** Wynndel, British Columbia, CANADA **
EMAIL: bob(a)mellowood.ca
WWW: http://www.mellowood.ca
--
------------------------------------------------------------
"In the rhythm of music a secret is hidden;
If I were to divulge it, it would overturn the world."
-- Jelaleddin Rumi
10:36 p.m.
Brett W. McCoy wrote:
I think it's still illegal unless you have
specific permission from
the copyright holder, regardless of whetehr or not you are selling it.
Posting a cover tune online may fall under the "public performance"
rights law. Look out how freaked out they get over tablature put
online...
Yes, I think you're correct ... which is probably what motivated me to
ask in the first place :) I suppose offering to pay <someone> a small
amount of money would make life so complicated it'd be easier not to.
Oh well, if nothing else, it'll motivate me to dump the cover tunes and
replace them with some old folk songs and some stuff I've written myself.
--
Bob van der Poel ** Wynndel, British Columbia, CANADA **
EMAIL: bob(a)mellowood.ca
WWW: http://www.mellowood.ca
10:45 p.m.
Well, if you butcher cover songs quite as thoroughly as I do, you'd be
fine since "satire" is exempted, at least under US copyright law. :)
On 3/10/07, Bob van der Poel <bob(a)mellowood.ca> wrote:
Brett W. McCoy wrote:
I think it's still illegal unless you have
specific permission from
the copyright holder, regardless of whetehr or not you are selling it.
Posting a cover tune online may fall under the "public performance"
rights law. Look out how freaked out they get over tablature put
online...
Yes, I think you're correct ... which is probably what motivated me to
ask in the first place :) I suppose offering to pay <someone> a small
amount of money would make life so complicated it'd be easier not to.
Oh well, if nothing else, it'll motivate me to dump the cover tunes and
replace them with some old folk songs and some stuff I've written myself.
--
Bob van der Poel ** Wynndel, British Columbia, CANADA **
EMAIL: bob(a)mellowood.ca
WWW: http://www.mellowood.ca
11:46 p.m.
Nick Scheer wrote:
Well, if you butcher cover songs quite as thoroughly
as I do, you'd be
fine since "satire" is exempted, at least under US copyright law. :)
Well, that's an interesting point :) Guess since I do jazz/improve I
could always claim that the work was original. But, I fear I'd get
laughed out of court :)
--
Bob van der Poel ** Wynndel, British Columbia, CANADA **
EMAIL: bob(a)mellowood.ca
WWW: http://www.mellowood.ca
10:56 p.m.
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.
is this for a demo of your work as a performance artist? Are you asking
for any money?
What agreement do you have with the composer? Who has the various rights
to the work (publisher, mechanical,etc.)
If you have no agreement, the best thing to do is to find out your
rights as a performance artist (if you are) and also contact the various
copyright holders. The composer just might make an agreement with you so
that you can post the work and both of you can benefit.
--
brad fuller
http://www.Sonaural.com/
+1 (408) 799-6124
11 Mar
11 Mar
12:39 a.m.
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.
My church pays royalties each year or quarter, I forget which, for the
songs we use in services.
--
David
gnome(a)hawaii.rr.com
authenticity, honesty, community
1:11 a.m.
david wrote:
Bob van der Poel wrote:
If they want, they can take you to court for infringement
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. 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
7 a.m.
Brad Fuller wrote:
CCLI - the biggie in the Contemporary Christian music biz, I guess.
david wrote:
Yup.
Bob van der Poel wrote:
If they want, they can take you to court for infringement
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. 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).
I think a good suggestion would be to contact an attorney that handles
these kinds of issues.
--
David
gnome(a)hawaii.rr.com
authenticity, honesty, community
26 Mar
26 Mar
4:05 p.m.
I wouldn't worry about it. If you sold it, they might ask for a publishing
royalty, but I think free speech still gives you the right to record other
people's music and release it non-commercially.
--
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9 comments
6 participants
participants (6)
-
Bob van der Poel -
Brad Fuller -
Brett W. McCoy -
clinart -
david -
Nick Scheer