Re: Response to inquiry about legal recordings for performers

> Recently a choir that I am a member of performed, free to the
> public, various written works that are copyrighted. The choir
> director recorded the performance, but is now reluctant to make any
> personal copies for the choir members because of copyright concerns
> from the material performed.

>First, if the choir performed in public, it should have had a
>public performance license to cover the performance of the songs

It sure looks to me like 17 USC 110(4)(A) says that performances where there's no admission charge and the performers aren't paid are non-infringing. Am I missing something?

>To make copies of and distribute the choir's recorded performance
>of the songs, you need a mechanical license

Agreed. The sec 110 exemption doesn't cover recordings.

-- 
John R. Levine, IECC, POB 727, Trumansburg NY 14886 +1 607 330 5711
johnl@iecc.com, Village Trustee and Sewer Commissioner, http://iecc.com/johnl, 
Member, Provisional board, Coalition Against Unsolicited Commercial E-mail