Legal Question
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Posted on Dec 11, 2002 11:41 am
Walt
Chief Cook and Bottle Washer
Member Since: May 10, 2002
Ok scenerio....
I do a cover of a song. I have purchased the music. I record it and use the recording for music on hold in my shop. Are my royalties covered per the purchase of the music?; Or do I need to pay some other form of royalty?
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Dec 11, 2002 12:30 pm Good question. You may or may not believe this, but about 6 months ago a buddy of mine was contacted by somebody who got his name from a company that used his music for on hold music, it was from a recording he did in the early 80's, and the person was wondering if she could get a copy of the album that those songs were from. He hadn't had a copy for years so he couldn't help her, but, they were using his music, and they never worried about royalties.
Legally however, if somebody wanted to sue you I bet they could.
I know that is no official answer, because I don't know the exact laws, but that's the best I can do.
We really need a legal expert around here...some of this would be great info to have around.
Maybe this can help: www.riaa.org/index.cfm
LokiCone PokerMember
Since: Apr 07, 2002
Dec 11, 2002 02:37 pm Heres an interesting bit of info... If you are using your studio to record other people for profit and you do not have a liscence you are breaking the law...
WaltChief Cook and Bottle WasherMember
Since: May 10, 2002
Dec 11, 2002 03:02 pm Thanks Db, and yes...I believe it. I know many who will broadcast anything without thought on MOH. I have decided to honor my fellow musicians and recording engineers and try to be legal if that is any longer possible! The site you listed is mostly webcasting stuff. You know the vogue issue O-Da-Day crap, but thanks for the try. I will look around and see what I can dig up. If successful I will append to this thread.
Loki,
Thanks also! However you are confusing me. What kind of lisence do I need? Fed business, tax, dog, or pan handler. Please excuse the satire in the previous statement. It is not directed to you, it is my frustration with all of the worthless lisences issued in the 21st cent. Extortion used to be a crime!
WaltChief Cook and Bottle WasherMember
Since: May 10, 2002
Dec 12, 2002 12:25 am This is getting very frustrating! Sorry, short rant I promise! The !@#$ lawyers have weazeled their way into the music industry to the point that just with the average citizen, the musician will not benifit from "law". It's like a race to enter this new relm of exploitation. I have read a dozen different articles and found a dozen different interpretations! If you stand to make a dime look out! Here come the flies! The whole thing smells bad! I sent a note to BMI. Watch, we will have a newly bound 110lb document on the subject in a month! We will be charged by the government for it's creation, and suffer from it for an eternity!
SOP
LokiCone PokerMember
Since: Apr 07, 2002
Dec 12, 2002 11:35 pm Walt- I really don't know what kinda liscence. I just do all my recordings for myself or friends... if they choose to give me 15 dollars every hour just "becasue he feels like it..." and he happens to be using my recording stuff... well I'm not arguing. hehe
WaltChief Cook and Bottle WasherMember
Since: May 10, 2002
Dec 16, 2002 11:38 pm The need for a performance license is determined by a number of factors. Section 106(4) grants the copyright owner the exclusive right to perform "literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works" in public. Mere ownership of a printed score or a sound recording does not convey the right to perform that work in public.
Well, I think that covers it. Now watch, I will be sued for copying and pasting that blurb from it's origional web site! Cause someone else thunk it!
Sorry, I'll try to be good.
Don't ya just love it!; To think that the only reason I've ever heard any music is so that some fool can scream in my face trying to sell me something I don't want? O Lord, Mr. Ford, what have we done!
