Author: SCI Members Mailing List
Subject: Copyright question
Fellow colleagues,
Let me contribute my little summary to these largely correct contributions.
To record someone else’s composition, you must have permission of the copyright owner/administrator. That may be the composer or someone (publisher, estate, lawyer, etc) to whom the composer has given control of the copyright. You must negotiate a Mechanical Lcense with that person based on the number of units (individual recordings, audio files, etc.) you intend to release, sell and/or distribute . If it is a composition with an electronic audio track component, you must also negotiate a Master Use license to use the recorded component of the composition (thus two parts). The copyright owner/administrator has the right to charge whatever price he wishes for the license(s) on a first recording. The copyright owner/adminstoer also has the right to refuse to let you record and/or to sue you if you record and release without permission. But, the copyright owner/administrator must have a Registration of the work on file with Copyright Office before he may bring suit.
Archival recordings do not count as first recordings. Archival recordings may not be used for commercial releases without permissions of copyright administrator and/or the creator of the recording.
After the first commercial release of a composition, anyone may commercially record the work using the Compulsory License Law which states that the recorder will pay the statutory rate for the number of recorded units made/released/manufactured/sold/distributed. The recorder must file a Notice Of Intention (NOI) to Obtain A Compulsory License with the copyright administrator before recording. You may not stop such a recorder from recording your work under this license. See Copyright Office Article 201.18 Notice of Intent (NOI) to obtain a compulsory license for more detail - https://www.copyright.gov/title37/201/37cfr201-18.html
In order to create a visual media product (video, movie, film, tv show, youtube, vimeo, advertisement, video game, etc.) containing all or part of your composition, the video maker must negotiate a Synchronization (“Sync”) License to use your composition in a video prior to making the video. This is usually a simple-to-complex one-price deal (or sometimes “step-deal”) to cover intended uses of the video. ASCAP has more info on this page https://www.ascap.com/help/career-development/How-To-Acquire-Music-For-Films
Happy licensing.
• • • • • • • • • • • • • • • • • • • • • • • • • • • Ken Davies ken at kendavies.net Kenvad Music Publishing (ASCAP) 228.522.0028 Gautier, Mississippi USA http://www.kendavies.net • • • • • • • • • • • • • • • • • • • • • • • • • • •
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Subject: Copyright question
Fellow colleagues,
Let me contribute my little summary to these largely correct contributions.
To record someone else’s composition, you must have permission of the copyright owner/administrator. That may be the composer or someone (publisher, estate, lawyer, etc) to whom the composer has given control of the copyright. You must negotiate a Mechanical Lcense with that person based on the number of units (individual recordings, audio files, etc.) you intend to release, sell and/or distribute . If it is a composition with an electronic audio track component, you must also negotiate a Master Use license to use the recorded component of the composition (thus two parts). The copyright owner/administrator has the right to charge whatever price he wishes for the license(s) on a first recording. The copyright owner/adminstoer also has the right to refuse to let you record and/or to sue you if you record and release without permission. But, the copyright owner/administrator must have a Registration of the work on file with Copyright Office before he may bring suit.
Archival recordings do not count as first recordings. Archival recordings may not be used for commercial releases without permissions of copyright administrator and/or the creator of the recording.
After the first commercial release of a composition, anyone may commercially record the work using the Compulsory License Law which states that the recorder will pay the statutory rate for the number of recorded units made/released/manufactured/sold/distributed. The recorder must file a Notice Of Intention (NOI) to Obtain A Compulsory License with the copyright administrator before recording. You may not stop such a recorder from recording your work under this license. See Copyright Office Article 201.18 Notice of Intent (NOI) to obtain a compulsory license for more detail - https://www.copyright.gov/title37/201/37cfr201-18.html
In order to create a visual media product (video, movie, film, tv show, youtube, vimeo, advertisement, video game, etc.) containing all or part of your composition, the video maker must negotiate a Synchronization (“Sync”) License to use your composition in a video prior to making the video. This is usually a simple-to-complex one-price deal (or sometimes “step-deal”) to cover intended uses of the video. ASCAP has more info on this page https://www.ascap.com/help/career-development/How-To-Acquire-Music-For-Films
Happy licensing.
• • • • • • • • • • • • • • • • • • • • • • • • • • • Ken Davies ken at kendavies.net Kenvad Music Publishing (ASCAP) 228.522.0028 Gautier, Mississippi USA http://www.kendavies.net • • • • • • • • • • • • • • • • • • • • • • • • • • •
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