Klarinet Archive - Posting 000036.txt from 2004/05

From: "Benjamin Maas" <benmaas@-----.com>
Subj: RE: [kl] Ownership/copyright
Date: Sun, 2 May 2004 23:01:32 -0400

I'm not a lawyer and I don't play one on TV, but your question brings up
several interesting points. This is a subject that certain types of =
lawyers
can devote a career to and make much $$ arguing about. =20

The quick answer to your question is "it depends" =20

Who made the recording and under what conditions was it made? If you =
made
the recording of your performance, then you own the recording rights to =
it.
However, you still may need to license it for public release (just =
because
you own the recording rights doesn't mean that you have copyright on the
music). =20

If somebody else made the recording, it becomes a bit more "grey."
Technically, the person that made the recording owns it, unless it was =
made
for hire in which case, the person that hired to make the recording owns =
it.
If an orchestra hires an engineer to record their performance and you =
happen
to solo on it, chances are the orchestra is the one that owns the =
recording
rights. =20

What it comes down to is that MP3.com wants to make sure that they =
aren't
illegally offering something for download that is copyrighted. You are
basically guarantying that you own the rights to the recording and you =
would
be allowed to release it. Just like if you were releasing a commercial =
CD.

Gee... Where is Kevin Fay when we need him?

--Ben

Benjamin Maas
Fifth Circle Audio
Los Angeles, CA
http://www.fifthcircle.com

> -----Original Message-----
> From: Bryan Crumpler [mailto:crumpletox@-----.com]=20
>=20
>=20
> Question: When you perform a solo w/ an orchestra... who is=20
> the copyright=20
> holder for that performance/sound-recording when one is made?=20
> Is it the=20
> composer, orchestra, soloist, publisher, combination, who?
>=20
> Just came across mp3.com.au and thought about uploading some=20
> stuff... BUT...=20
> had second thoughts when I read the artist agreement... for example:
>=20
> "You warrant and represent that:
> (i) you exclusively own or control all right, title and=20
> interest in the=20
> copyright in the Tracks (including but not limited to the=20
> right to broadcast=20
> and transmit the Tracks in intangible form to the public by any means=20
> whatsoever); and... "
>=20
> Unless it's, like, a recording for a record label, I don't=20
> clearly see who=20
> the "exclusive" owner would be for such a situation.
>=20
> Bryan

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