Copyright matters

[Count Bassy]

We want to put some snippets of our band on our website, but we currently only do covers.

What is the legal sitaution with this?
Are we allowed a certain length without paying anything?
Do we pay the PRS or what.?
What about songs that might be out of copyright - how do we find out if they are - What is the length of copyright these days?


Thanks in advance

[pete.young]

Put it on myspace, link to it from your website.

[Musky]

You might like to take a look at [url="http://basschat.co.uk/index.php?showtopic=33452"]this thread.[/url]

I think I'd probably put the clips up but change the titles enough so that they don't show up on searches, or simply give them a generic title like 'Heavy Blues Demo' (or whatever).

Unless you're playing stuff from well before the rock and roll era it's unlikely to be out of copyright - it's 70 years after the death of the author if I remember correctly.

[OldGit]

"Publish and be dammed"

Actually you are not contravening copyright as your recording is a new work.
You will theoretically owe the songwriter a few pennies but that's it.
Post your stuff up and wait for the songwriter or their estate to contact you.

[Musky]

[quote name='OldGit' post='497093' date='May 25 2009, 09:50 AM']"Publish and be dammed"

Actually you are not contravening copyright as your recording is a new work.
You will theoretically owe the songwriter a few pennies but that's it.
Post your stuff up and wait for the songwriter or their estate to contact you.[/quote]

No copyright it the recording, but there's still copyright in the composition. Unfortunately PRS seem to be asking £120 a year to host other people's compositions on your website.

[Happy Jack]

Thanks for that link, Musky. I'd forgotten that one.

[mybass]

[quote name='OldGit' post='497093' date='May 25 2009, 09:50 AM']"Publish and be dammed"

Actually you are not contravening copyright as your recording is a new work.
You will theoretically owe the songwriter a few pennies but that's it.
Post your stuff up and wait for the songwriter or their estate to contact you.[/quote]

Be even more pleasant and contact the songwriter with your plans for their work, not forgetting that someone else wrote it, arranged it, paid and recorded it, got a deal for it, published it, managed it, likely had some rip off along the way, and hopes that other musicians would at least pay the "few pennies" due.

[OldGit]

[quote name='mybass' post='498109' date='May 26 2009, 04:43 PM']Be even more pleasant and contact the songwriter with your plans for their work, not forgetting that someone else wrote it, arranged it, paid and recorded it, got a deal for it, published it, managed it, likely had some rip off along the way, and hopes that other musicians would at least pay the "few pennies" due.[/quote]


Sure ..

[noelk27]

[quote name='OldGit' post='497093' date='May 25 2009, 08:50 AM']Actually you are not contravening copyright as your recording is a new work.
You will theoretically owe the songwriter a few pennies but that's it.
Post your stuff up and wait for the songwriter or their estate to contact you.[/quote]

Sorry, but I have to contradict you on these statements, as you would appear to have confused the mechanical performance and the rights which persist in this, and the copyright of the literary and musical compositions and the rights which persist in these. When you record and make available to the general public, by whatever means of distribution, a work that is subject to copyright without the permission of the copyright owner you have committed an act which contravenes statutory provisions, and is subject to legal proceedings, both criminal (licensing) and civil (damages).

There is no in theory argument about it, and use of a copyright work results in the user being liable, as a minimum, in fees to the owner of said copyrights. It should also be noted that it is also the responsibility of the user to apply for permissions and clearances, and that by not doing so any user has commissioned a statutory offence. Failure to account for fees and licence payments are further statutory offences.

With respect to mechanical performance, while it is correct that the rights in this persist in anyone who makes the recording, this does not give the person or persons making any such recording the right to broadcast or use this in any way, other than private personal use. Private and personal would not include inclusion, in whole or in part, on any internet, intranet or other accessible computer forum.

[quote name='Musky' post='497081' date='May 25 2009, 08:28 AM']I think I'd probably put the clips up but change the titles enough so that they don't show up on searches, or simply give them a generic title like 'Heavy Blues Demo' (or whatever).

Unless you're playing stuff from well before the rock and roll era it's unlikely to be out of copyright - it's 70 years after the death of the author if I remember correctly.[/quote]

As I read your comment, my understanding is that you are suggesting relates to naming for indexing or searching purposes. It is worth noting, however, that the alteration of a copyright work without the express permission of the copyright owner is an offence, and could potentially expose a party to civil action (in damages).

Correctly, 70 years from the end of the calendar year in which the author, or last of joint authors, of the copyright work dies.

For mechanical performance rights, these persist for 50 years from the end of the calendar year in which the work was first made available to the general public.

Edited May 26, 2009 by noelk27