Author: Mark Charette
Date: 2009-01-14 19:04
EaubeauHorn wrote:
> But if the performance was done gratis, no money asked of the
> audience,
Yes, It would be a public performance, and copyright would be violated. Whether or not damages would be collectible would depend ...
> or at home with no audience, would it be
> infringement?
No.
> As I understand it, the payments to ASCAP et al
> are to cover monies earned by playing the pieces. If no monies
> were earned, is it infringement?
Yes.
> As a composer, I'm interested. I'd be delighted if someone
> would post a performance of one of my pieces on youtube,
> because it might increase sales of the sheet music, assuming it
> was properly credited. If it weren't properly credited, I'd
> have a problem with it, and frankly I have no idea what my
> publisher would think. (No, it's not oboe music; it's brass
> music.)
You own the work - you can essentially authorize anyone to do anything with it. If you don't go after anyone (and make a history of knowing but not telling people they need permission) and then someone makes a fortune off of your music, you might have a hard time going after the person for compensation. A simple system like telling people they need your permission for a public performance or that they're not allowed to record and rebroadcast for money might have some bearing in court if you sue for damages.
You may have already made an arrangement woth your publisher precluding free and/or public performances, depeneding on what you signed in a contract. In the case where your rights have been assigned, the publisher might have a right to go after you for both violation of the contract and damages due to non-sales.
It always depends ...
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