Re: Re: use of music

That's what happens when you (read: I) skim a question on a listserv--sometimes the facts get a little lost.

Since this is making a video, what I said about not infringing the phonorecording copyright doesn't apply. This would be both copying and performing (and making a derivative), so in all likelihood the rightsholder(s)--chiefly the record company--have to be mollified.

Vance

On 2/16/07, Steven Jamar <stevenjamar[_at_]gmail.com> wrote:
>
> 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:
> >
> >
> >
> >
> > 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
> >
> >
>
>
> --
> Prof. Steven Jamar
> Howard University School of Law
>
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-- 
Vance R. Koven
Boston, MA USA
vrkoven[_at_]world.std.com