RE: Re: Sound Recording License

From: Mike Phillips <copyrightlist[_at_]mikephillips.com>
Date: Tue, 04 Nov 2003 12:26:04 -0500

Luke is correct. My client is the record company -- not the musical act. Therefore, I need a license to offer to the musical act for the sound recording...not for the underlying composition.

I already own Kohn's book. While it has an excellent section on negotiating contracts, including a discussion of boilerplate, it does not have a sound recording license for this purpose.

Mike Phillips

-----Original Message-----
From: CNI-COPYRIGHT -- Copyright & Intellectual Property [mailto:CNI-COPYRIGHT[_at_]cni.org]On Behalf Of DeMarte, Luke Sent: Monday, November 03, 2003 4:36 PM
To: CNI-COPYRIGHT -- Copyright & Intellectual Property Subject: [CNI-(C)] Re: Sound Recording License

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

-----Original Message-----
From: Randy Nieuwsma [mailto:Nieuwr[_at_]calvin.edu] Sent: Monday, November 03, 2003 3:10 PM
To: CNI-COPYRIGHT -- Copyright & Intellectual Property Subject: [CNI-(C)] Re: Sound Recording License

Along the same lines...
 Are there situations in which you can be prevented from using a compulsory
license. I don't refer to the 4 conditions you listed. I read somewhere that
the Beatles don't allow anyone else to distribute their recordings. It seems to
me that someone would be selling "the complete works of the Beatles," a 10-cd
set, on late-night infomercials starring Davey Jones and somebody's girlfriend....
 Are there pre-conditions?
Thanks,
Randy

>>> kgw[_at_]dakotacom.net 11/3/2003 2:55:36 PM >>>
you may be able to use a compulsory license whereby you don't ask for the
publishers permission to make the recordings or negotiate fees. you have to
send a "Notice of Intention to Obtain Compulsory License for Making and Distributing Sound Recordings" at least 30 days prior to distributing the
recordings (the sooner the better no matter what stage you're at). the publisher can't prevent recording of songs if:

  1.. the work was previously published (released recording)
  2.. the basic melody and character of the work in not changed
  3.. w/30 days as described above
  4.. pay statutory rates (I believe it is going up to $0.85 January
04).

compulsory licenses are used only for music sound recordings. not good for
websites, video, etc.,
*note this is not good for the text of the song reproduced on the album jacket, thats a separate thing.
You can find a straight ahead no frills notice in Nolo Press "Getting Permission"

good luck, Kathleen Williamson,
musician and attorney, Tucson, Arizona

• Original Message -----

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Visit the CNI-COPYRIGHT e-mail list archive at <https://mail2.cni.org/Lists/CNI-COPYRIGHT/>. Received on Tue Nov 04 2003 - 22:26:04 GMT