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Copyright question

 
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Djangold



Joined: 11 Mar 2006
Posts: 36
Location: Sweden

PostPosted: Sun Apr 30, 2006 9:50 pm    Post subject: Copyright question Reply with quote

If i where to record and release a cd or even just play in public and get payed for it i know i need to have some sort of permission. But does this include the jazz standards? I have heard that if the composer have been dead for about 70 years, the rights of his/her music will be granted for everyone. I wonder if it is like that with jazzstandards, do i actually have to pay for every single tune if i where about to record a cd?
Sorry about my stupid questions but i know you guys have all the answers.
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Bjorn



Joined: 04 Jan 2005
Posts: 1037
Location: Denmark

PostPosted: Sun Apr 30, 2006 10:12 pm    Post subject: Reply with quote

If you are going to record a cd to puplic, you will for sure have to pay.
But if you´re playing at small clubs, bars, jam sessions etc, I dont think you should worry too much....

But its an interesting question, and I actually dont know if you have to, by following the rules....

I just know that I never have heard about any jamsession or bargig beeing enterupted because of this....

Take care,

Bjørn..
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draqza



Joined: 28 Dec 2004
Posts: 205

PostPosted: Sun Apr 30, 2006 10:20 pm    Post subject: Reply with quote

I could be wrong about this as well, but I think in the US for live performances generally it's up to the venue to worry about securing licenses for others' songs.
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ash



Joined: 03 Oct 2005
Posts: 31

PostPosted: Mon May 01, 2006 3:10 am    Post subject: Reply with quote

Interesting question, I would like to know about these stuff as well. How much for example you need to pay for each song and where should one pay? Thanks
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Jeffrey_Burr



Joined: 04 Jul 2005
Posts: 164
Location: california

PostPosted: Mon May 01, 2006 4:01 am    Post subject: Reply with quote

Harry Fox Agency administers "mechanical license" for existing works. You can do it very easily online at songfile.com. I used it for three songs on my last CD. Pricing is based on track duration, and the number of copies manufactured. I paid about fifty USD per song - covering 500 copies of 7~8 minute tracks. Pretty reasonable if you ask me. A puzzling industry though! Google harry fox agency.

If you record a cover, you will still own the copyright for that recorded work, even if the underlying composition isn't yours - the legal basis being your (hopefully) unique interpretation. Ascap, Bmi, Sesac etc administer broadcast, performance and similar rights. It is the responsibility of the venue to purchase a blanket license to cover their right to present performances of others' compositions publicly for profit. If you send a master to a disc manufacturer for replication they are going to want to know if everything is either solely yours, or properly licensed from HFA.
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Djangold



Joined: 11 Mar 2006
Posts: 36
Location: Sweden

PostPosted: Wed May 03, 2006 8:08 pm    Post subject: Reply with quote

First of all, I'd just like to thank you all for your answers, however; what I'd really like to know is: what songs are considered "standards" and what aren't? Is there a certain time period you have to wait to be able to play these songs, etc.?
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Jeffrey_Burr



Joined: 04 Jul 2005
Posts: 164
Location: california

PostPosted: Mon May 08, 2006 6:44 am    Post subject: Reply with quote

Well, you are asking about works in the public domain, and the short answer is no. There are plenty of classical works far older and still under copyright control. I don't believe there is any set "sunset clause" for copy right - if you were Jerome Kern I'm certain you would want all of your descendants to continue to benefit from your hard work and talent. Ditto for Jerome Kern's publisher. Who's to say they aren't entitled? The vast majority of jazz standards do require a license to manufacture CDs. The label "standard" only means that most musicians know it.

If you are simply burning a few one-off CDRs....Let's just say most folks don't worry about it in this case. If you go through Discmakers or similar they will ask for a signed statement regarding ownership of the songs, and they'll want to get your license numbers if the compositions don't belong to you.

The concept of song as intellectual property also existed among the Inuit people of Greenland long before Stephen Foster ever wrote anything.
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Yagyu



Joined: 15 Mar 2006
Posts: 144
Location: Wroclaw, Poland

PostPosted: Mon May 08, 2006 1:27 pm    Post subject: Reply with quote

keep in mind that only melody is copyrighted, harmony is not, you can take standard and change head without changing harmony and you don`t have to pay Wink
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