Re: Sound Recording License

From: Randy Nieuwsma <Nieuwr[_at_]calvin.edu>
Date: Mon, 03 Nov 2003 16:55:05 -0500


Luke,
 Thank you for clarifying that.
 Isn't there also a compulsory license for the sound recordings? Randy

>>> ldemarte[_at_]seyfarth.com 11/3/2003 4:36:02 PM >>>
The compulsory license only deals with musical compositions and not musical sound recordings. One who obtains a compulsory license to use the composition "Happiness Is A Warm Gun" could perform and record the song himself. However, that same licensee could not reproduce the Beatles' performance of it (as embodied in The White Album, for example) and release it.

In the post which originated this discussion, the poster said that he was licensing the musical compositions through Harry Fox (which is a musical composition license clearinghouse of sorts). So, he still needs to license the sound recordings if he wants to release the records himself (and which is why they were looking for a license for use with sound recordings and not compositions).

I think the confusion here arises from the fact that there are two copyrights at issue.

Luke W. DeMarte
Seyfarth Shaw LLP
55 East Monroe Street, Suite 4200
Chicago, Illinois 60603-5803
Telephone: (312) 781-8610
Facsimile: (312) 269-8869
www.seyfarth.com Received on Tue Nov 04 2003 - 02:55:05 GMT

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