Author: SCI Members Mailing List
Subject: Copyright question
Hello all. Most of the comments on this subject have been correct, but I’ll offer a bit more detail in this summary:
1. On a practical level, if the performer is not intending to distribute the recording to the public digitally (e.g. You Tube) or mechanically (e.g. CD), but use it strictly for personal/private purposes only, then no permission is really needed and there is no fee involved.
2. If on the other hand the performer intends to distribute the recording to the public for commercial purpose (sales), and his/her recording will be the first recording of the work, the performer legally must obtain permission from the person or entity who owns or administers the copyright (likely the composer). The composer (or his/her publisher) has the right to receive an agreed upon fee (subject to negotiation) for the right to issue the first recording of his/her work and to receive a portion of sales of the recording (usually the current rate for ‘mechanical licenses’). The composer can, of course, waive any or all fees. The composer might simply grant the performer permission to record the work without compensation for whatever reason, perhaps because the composer feels the public recognition value may be sufficient compensation.
3. If the performer intends to distribute the recording to the public but not for commercial purposes (free; perhaps for educational purposes), he/she still needs to obtain permission from the copyright owner/administrator, who may (or may not) grant permission and may (or may not) charge a fee for the right to record his/her work.
3. Once a composition has been recorded and ‘released’ (distributed) to the public through some form of public distribution (in the past via records, tapes, CDs), any subsequent performer can release another recording of the same work without the need to obtain first recording rights from the copyright owner. In that case the performer obtains a ‘mechanical license’ and pays the current statutory mechanical royalty rate to the copyright owner . The Harry Fox Agency is used as a clearing house for issuing mechanical licenses by the writers/publishers of songs and compositions that have generated significant revenue from first recordings (usually pop, theatre and film/tv music). To obtain a mechanical license for compositions not cleared through the Harry Fox Agency (likely most contemporary ‘classical’ music), the performer would need to obtain one directly from the copyright owner or administrator (likely the composer). Obtaining a mechanical license usually requires paying an advance on royalties based on an assumed minimum amount of sales of the recording. Here’s one example: if the work is under five minutes, and the advance is based on a minimum of 500 copies of the recording being sold, the royalty advance would be about $45.
4. The fee for a mechanical license is set by the US Copyright Office. Here is a link to a Harry Fox Agency website page with good information on mechanical license fees: https://secure.harryfox.com/public/RoyaltyRateCalculator.jsp
Lastly, as the owner of the recording (assuming you’re doing a self-produced recording without benefit of a record label or third party footing the costs), you should clarify with the copyright owner of the work you are recording that you will retain ownership of, and all rights in, the recording itself (the Master rights), so that you - if ever the opportunity presents itself - can license the sync right to use your recording of the work (e.g. video game, tv, film).
Hope this is helpful.
Regards,
John Kreitler Emmy-winning American composer Email: john at johnkreitler.com<mailto:john at johnkreitler.com> Web: johnkreitler.com<http://johnkreitler.com>
On Dec 15, 2018, at 12:27 PM, SCI Members Mailing List <scimembers at societyofcomposers.org<mailto:scimembers at societyofcomposers.org>> wrote:
Dear collective,
A colleague asked me a question that I do not know the answer (see paragraph below). Your expertise on this matter would be appreciated.
I have a short question for you regarding copy right of compositions of living composers. If I would like to record a piece of a living composer and have purchased the music, am I allowed to record it or do I have to get the consent of the composer/the manager of the composer?
Best,
Paul Lombardi, Ph.D. Associate Professor of Music Theory and Composition University of South Dakota
Subject: Copyright question
Hello all. Most of the comments on this subject have been correct, but I’ll offer a bit more detail in this summary:
1. On a practical level, if the performer is not intending to distribute the recording to the public digitally (e.g. You Tube) or mechanically (e.g. CD), but use it strictly for personal/private purposes only, then no permission is really needed and there is no fee involved.
2. If on the other hand the performer intends to distribute the recording to the public for commercial purpose (sales), and his/her recording will be the first recording of the work, the performer legally must obtain permission from the person or entity who owns or administers the copyright (likely the composer). The composer (or his/her publisher) has the right to receive an agreed upon fee (subject to negotiation) for the right to issue the first recording of his/her work and to receive a portion of sales of the recording (usually the current rate for ‘mechanical licenses’). The composer can, of course, waive any or all fees. The composer might simply grant the performer permission to record the work without compensation for whatever reason, perhaps because the composer feels the public recognition value may be sufficient compensation.
3. If the performer intends to distribute the recording to the public but not for commercial purposes (free; perhaps for educational purposes), he/she still needs to obtain permission from the copyright owner/administrator, who may (or may not) grant permission and may (or may not) charge a fee for the right to record his/her work.
3. Once a composition has been recorded and ‘released’ (distributed) to the public through some form of public distribution (in the past via records, tapes, CDs), any subsequent performer can release another recording of the same work without the need to obtain first recording rights from the copyright owner. In that case the performer obtains a ‘mechanical license’ and pays the current statutory mechanical royalty rate to the copyright owner . The Harry Fox Agency is used as a clearing house for issuing mechanical licenses by the writers/publishers of songs and compositions that have generated significant revenue from first recordings (usually pop, theatre and film/tv music). To obtain a mechanical license for compositions not cleared through the Harry Fox Agency (likely most contemporary ‘classical’ music), the performer would need to obtain one directly from the copyright owner or administrator (likely the composer). Obtaining a mechanical license usually requires paying an advance on royalties based on an assumed minimum amount of sales of the recording. Here’s one example: if the work is under five minutes, and the advance is based on a minimum of 500 copies of the recording being sold, the royalty advance would be about $45.
4. The fee for a mechanical license is set by the US Copyright Office. Here is a link to a Harry Fox Agency website page with good information on mechanical license fees: https://secure.harryfox.com/public/RoyaltyRateCalculator.jsp
Lastly, as the owner of the recording (assuming you’re doing a self-produced recording without benefit of a record label or third party footing the costs), you should clarify with the copyright owner of the work you are recording that you will retain ownership of, and all rights in, the recording itself (the Master rights), so that you - if ever the opportunity presents itself - can license the sync right to use your recording of the work (e.g. video game, tv, film).
Hope this is helpful.
Regards,
John Kreitler Emmy-winning American composer Email: john at johnkreitler.com<mailto:john at johnkreitler.com> Web: johnkreitler.com<http://johnkreitler.com>
On Dec 15, 2018, at 12:27 PM, SCI Members Mailing List <scimembers at societyofcomposers.org<mailto:scimembers at societyofcomposers.org>> wrote:
Dear collective,
A colleague asked me a question that I do not know the answer (see paragraph below). Your expertise on this matter would be appreciated.
I have a short question for you regarding copy right of compositions of living composers. If I would like to record a piece of a living composer and have purchased the music, am I allowed to record it or do I have to get the consent of the composer/the manager of the composer?
Best,
Paul Lombardi, Ph.D. Associate Professor of Music Theory and Composition University of South Dakota