Re: use of music

1. Anything published before 1923 is in the public domain in the US. So any music composed and published before then may be used without permission from anyone. This is certainly the case for "Brining in the Sheaves" and anything by Verdi (died 1901 -- I doubt anything was first published after 1923).
2. Particular arrangements of the music could very well be copyrighted if arranged and published after 1923. So you need to distinguish the original music from the arrangement, especially with something like a pre-1923 spiritual.
3. There is a separate copyright in the sound recordings of particular music so if you use s sound recording, you need permission from the copyright owner of the sound recording. But this gets more complicated, depending on when the sound recording was made. And where (e.g., US v. EU).
4. Have students/faculty assign rights or license any performance rights. There can be no work made for hire in a sound recording. But there can be in an audiovisual recording -- which is what you are making. But then you need to have a writing signed by both the owner of the AV work and the people commissioned to perform or contribute to it.
5. Hire a lawyer or get your school's lawyer to review this.

This is not legal advice and you are not my client.

Steven Jamar

On 2/15/07, Susan Payne <paynes[_at_]midlandstech.edu> wrote:
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> Hi, I read the list, but this is my first time to ask a question..
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> 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.
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> 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:
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> 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
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> 2) "Bringing in the Sheaves" -- Words by Knowles Shaw, Lyrics by
> George A. Minor (both from the late 1800's)
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> 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?
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> For the first two songs, I was planning to use student or faculty musicians.
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> Thanks for any advice you have.
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> Susan
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> Susan G. Payne
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> Library Director
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> Midlands Technical College
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> PO Box 2408
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> Columbia, SC 29202
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> 803-822-3419
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> paynes[_at_]midlandstech.edu
>
>

-- 
Prof. Steven Jamar
Howard University School of Law