Re: use of music

You're very probably clear on all three. Note that a particular *arrangement* of a public-domain piece of music might be in copyright, so one does have to be a little bit careful. Also, on sound recordings, although Federal copyright protection for sound recordings didn't exist prior to 1972, many states did have such protection, and this state law was expressly not pre-empted by the Federal law in 1978 when just about all other state copyright protection was pre-empted. The copyright holder in this case would probably be the recording company.

All that notwithstanding, if what you're proposing here is a performance of the sound recording in a closed environment for students and faculty, as part of the educational process, I don't think the performance of the opera recording amounts to a public performance by any means, much less by "digital audio transmission," which is the only public performance right the 1976 Copyright Act grants to a copyright holder in a sound recording. Consequently, for a sound recording covered by the 1976 Act, the copyright holder has no rights you need to respect in this context. Seems to me like your best bet is *not* to use a pre-1972 recording!

Just don't rip tracks from the original recording onto your own CD or tape for purposes of this performance, if you want to avoid a long, boring and inconclusive fair-use analysis. Copying a phonorecord is a right of the copyright holder in a sound recording.

Vance
Standard disclaimer #1--this is not legal advice, etc. etc.

On 2/15/07, Susan Payne <paynes[_at_]midlandstech.edu> wrote:
>
> Hi, I read the list, but this is my first time to ask a question..
>
>
>
> Could anyone offer assistance on these questions that were sent to me. My
> thoughts are –no problem for 1 and 2. I checked the copyright files—found
> recordings, but nothing for the individual songs. For 3 -need to contact
> the copyright holder and ask for permission and about fees. A group from
> the college is producing the video—theater faculty and students.
>
>
>
> *We're now at the point with our Harbison History video when we're looking
> at options for background music. Before making any decisions, I wanted to
> check the copyright laws and status on a few pieces. I'd like to know the
> status of the following:*
>
> * *
>
> *1) **"This Little Light of Mine" -- When I've done a Google
> search, I find it listed as "Negro Spiritual" without a composer's name
> listed*
>
> *2) **"Bringing in the Sheaves" -- **Words by Knowles Shaw, Lyrics
> by George A. Minor (both from the late 1800's)***
>
> *3) **Any Italian opera, perhaps Verdi's Macbeth. I'd like to play
> opera music in the background. Would there be fees/royalties for both the
> company who performs? If we found an old recording, would this also apply?
> ***
>
> * *
>
> *For the first two songs, I was planning to use student or faculty
> musicians.*
>
> * *
>
> *Thanks for any advice you have.*
>
> *Susan*
>
>
>
>
>
>
>
> Susan G. Payne
>
> Library Director
>
> Midlands Technical College
>
> PO Box 2408
>
> Columbia, SC 29202
>
> 803-822-3419
>
> paynes[_at_]midlandstech.edu
>
>
>

-- 
Vance R. Koven
Boston, MA USA
vrkoven[_at_]world.std.com