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Klarinet Archive - Posting 000037.txt from 2004/05

From: "Kevin Fay" <kevinfay@-----.com>
Subj: RE: [kl] Ownership/copyright
Date: Mon, 3 May 2004 03:31:01 -0400

Benjamin Maas asked:

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

. . in Kirkland, Washington (home of Costco) of course.

I gave a similar answer a couple of days ago. See
http://www.woodwind.org/Databases/Klarinet/2004/05/000013.txt.

"Depends" isn't a particularly useful answer, but the best that we can do
here in the complete absence of facts.

If this recording is to be commercially released, I'd imagine that the
producer would be careful to both pay the copyright royalties through Harry
Fox, as well as get releases from the soloist (and perhaps all of the other
musicians as well?).

The way copyright law works in the US (and most everywhere else), the
author/artist owns their work. Ownership can only be transferred via a
written instrument, unless you can squeeze into the "work for hire"
category. As a practical matter, I wouldn't feel comfy relying on
work-for-hire - in the software industry, the usual practice is to get
written agreements from *everyone* that writes code for you.

I've not done much (i.e., any) legal work for sound recording. For TV,
unless it's a news program everyone who's face you see has signed a release
allowing their image to be broadcast. I'd think that something like this
would be the practice in the sound recording industry.

kjf

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