 |
 |
THX John, Us recording engineers typically wind up with a lot of copyrighted material. While I don't recall ever having to sign a NDS, I routinely issue a verbal disclaimer to not violate anyone's ownership or copyrights. Best, CB Corey Bailey Audio Engineering www.baileyzone.net On 11/18/2020 11:23 AM, John Haley wrote: > "Ownership" of a recording is actually a bundle of rights. Whoever holds > the copyright on the recording owns the right to release and exploit the > content of the recording. That is a different matter from ownership of the > physical manifestation of a recording, e.g. a tape or recorded disc or > whatever media was used. Neither "owner" has the right to "take" what > other owns, and where the copyright holder lacks physical possession of the > recording, it takes both owners to agree and work together to release the > recording. Both private ownership interests can be bought and sold. > > It is possible for a recording engineer to be the owner or partial owner of > the copyright interest--that all depends on whatever contractual > arrangements have been entered into by the parties. But the engineer does > not get such copyright ownership just as a matter of course, absent some > specific contractual agreement. > > With historical recordings, very often ownership of the physical > manifestation (e.g., a tape), particularly where that item is unique, puts > the physical owner "in the driver's seat." Nobody can do anything without > access to the tape he or she owns. > > I have been in that position and had the involved artist who still holds > the copyright interest absolutely refuse to collaborate with me on > releasing a wonderful, now historic recording. It takes all kinds. And > just watch how fast I walk away and choose not to share what's on that > recording with the uncooperative artist. And had a good laugh at her > manager's crude effort to wheedle me out of it. I was prepared to be > generous; we never got that far. > > Hope that helps. > > Best, > John Haley > > > > > On Wed, Nov 18, 2020, 1:01 PM Lou Judson <[log in to unmask]> wrote: > >> I can speak to only one, personal, aspect of this, as a professional live >> sound and recording engineer. >> >> When doing “work for hire” no rights accrue to the engineer, unless >> specifically agreed upon in writing, as far s I now! >> >> Ownership of the physical media containing the recording is a different >> matter. >> >> I am working on “digitizing” the archives of a music club over the past 45 >> years, and each engineer who has their own recodings is considered the >> owner of those recordings, but the performances, the music, and the >> published songs are NOT our property! >> >> I’d like to learn more about this too. I have live recordings going back >> to 1971… done as the live sound engineer. >> >> <L> >> Lou Judson >> Intuitive Audio >> 415-883-2689 >> >>> On Nov 18, 2020, at 9:50 AM, Jeff Willens <[log in to unmask]> wrote: >>> >>>> 2. Where do we find documentation for the rights of the sound engineer >> (or >>>> interviewer) who is doing the recording? I see the copyright office >>>> circular for sound recordings. Maybe I'm missing something.