LISTSERV mailing list manager LISTSERV 16.0

Help for ARSCLIST Archives


ARSCLIST Archives

ARSCLIST Archives


ARSCLIST@LISTSERV.LOC.GOV


View:

Message:

[

First

|

Previous

|

Next

|

Last

]

By Topic:

[

First

|

Previous

|

Next

|

Last

]

By Author:

[

First

|

Previous

|

Next

|

Last

]

Font:

Proportional Font

LISTSERV Archives

LISTSERV Archives

ARSCLIST Home

ARSCLIST Home

ARSCLIST  February 2004

ARSCLIST February 2004

Subject:

Re: Sound Recording Licensing Questions

From:

"Steven C. Barr" <[log in to unmask]>

Reply-To:

Association for Recorded Sound Discussion List <[log in to unmask]>

Date:

Tue, 10 Feb 2004 16:10:04 -0500

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (64 lines)

----- Original Message -----
From: "Dismuke" <[log in to unmask]>
> A friend of mine is looking into the possibility of privately publishing
> a CD featuring vintage recordings from as early as the 1910s and as late
> as 1936.  The vast majority of the compositions featured on the
> recordings are pre-1923 and, therefore, are in the public domain and not
> subject to the need for mechanical royalties.  The few compositions that
> are post 1923 are European in origin.  Most of the recordings were
> originally released on major American labels such as Victor and
> Columbia.
>
> My understanding is that, in Europe, sound recordings over 50 years old
> are considered to be in the public domain and, therefore, getting
> permission to reissue the old recordings on CD would not be much of an
> issue if it were being done over there.  My friend, however, is based
> here in the USA and, for obvious reasons, it would be much easier for
> him to publish the recordings here as well.  Is there anyone here who
> could provide information about how he would need to go about obtaining
> necessary permission to include the sound recordings on the CD?  Is this
> usually a matter of just getting an official written ok from someone?
> If so, how difficult it to get and who should one contact?  Or do the
> recording companies typically require a fee based license along the
> lines of what one would pay to organizations such as ASCAP or Harry
> Fox?  If so, are the fees pretty standard or are they negotiated on a
> case by case basis?
>
> In practical terms - do most people who reissue obscure vintage
> recordings here in the USA even bother to seek permission?  What do
> American based reissues labels such as The Old Masters and Take Two do?
> Do they obtain permission for every recording?  Or are they too small
> and is the market for '20s and '30s recordings too marginal for them to
> even show up on the big recording conglomerates' radar screen?
>
> Regarding the European compositions that may still be under copyright,
> would one be able to get mechanical licensing through the Harry Fox
> Agency or would one have to work with a similar organization in Europe?
> Is it possible that the composition could be still in copyright in
> Europe but in the pubic domain in the USA or vice versa?
>
> Any information in this area would be appreciated.
Actually, there are two different considerations here.

First, the recordings themselves are under copyright, owned by the
company who made them or the successor company if such exists. These
copyrights were not issued (or covered under copyright law) until
1972 in the US; as a result the reissue of the material falls under
a morass of state anti-piracy statuates, some of which have no terms
of coverage or expiry dates. For this reason, most reissue labels
either ignore the whole thing (record companies usually don't make
an issue unless it is something they currently sell or plan to,
although this may no longer apply with the RIAA in "attack mode"
and fearful of creating precedents) or set up an operation in
Canada, where the 50-year rule currently applies.

Second, the songs are under different copyrights. This is what you pay
HFA for. These fall under mandatory license (they can't stop you from
the reissue, unlike the record companies discussed above) but there is
still payment that has to be made, and this usually involves a base
payment on each song which covers a fixed amount of sales of your
reissue (IIRC, this is $75/tune and covers 500 or maybe 1000 copies).
These copyright terms depend on the death dates of the composers
involved, and as a result have to be researched individually.
Steven C. Barr

Top of Message | Previous Page | Permalink

Advanced Options


Options

Log In

Log In

Get Password

Get Password


Search Archives

Search Archives


Subscribe or Unsubscribe

Subscribe or Unsubscribe


Archives

October 2019
September 2019
August 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006
April 2006
March 2006
February 2006
January 2006
December 2005
November 2005
October 2005
September 2005
August 2005
July 2005
June 2005
May 2005
April 2005
March 2005
February 2005
January 2005
December 2004
November 2004
October 2004
September 2004
August 2004
July 2004
June 2004
May 2004
April 2004
March 2004
February 2004
January 2004
December 2003
November 2003
October 2003
September 2003
August 2003
July 2003
June 2003
May 2003
April 2003
March 2003
February 2003
January 2003

ATOM RSS1 RSS2



LISTSERV.LOC.GOV

CataList Email List Search Powered by the LISTSERV Email List Manager