![]() |
Willamette Valley Concert Band Dr. Richard Sorenson, Director |
About Concerts Rehearsals Conductors Donations Members Memorabilia Home |
|
From ASCAP (http://www.ascap.com/licensing/pdfs/brochures/using_copy_righted_music.pdf) Are there any exceptions to the requirement to obtain authorization for public performances? The law provides a few strictly limited exemptions for performances in the course of worship services and performances in the course of face-to-face teaching activities of a non-profit educational institution. Purely non-profit performances may be exempt if (1) there is no direct or indirect commercial purpose; and (2) there is no payment to the performers, promoters or organizers; and (3) there is no admission charge, or if there is a charge, all proceeds after deduction of costs are used exclusively for educational, religious or charitable purposes. |
From Google answers: - http://answers.google.com/answers/threadview?id=328002 ... "what are the legalities of recording and making duplicates of a school or church choir?” If you are doing so on behalf of the entity, you can record and duplicate anyone. However, recording the entity isn't the LEGAL ISSUE; it's WHAT you are recording. To clarify, are you recording the original written works of the “School or Church choir” or are they singing somebody else’s songs. If they are going to record their own originals, make sure they copyright their music/score accordingly. They can do so here. http://www.copyright.gov/ The U.S Copyright Office summarizes a copyright as such. "Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed." If they are singing someone else’s works (which they most likely are), even if through a new arrangement, they must have PERFORMANCE RIGHTS if they are going to perform the music live and make a profit. They must have MECHANICAL RIGHTS if they intend to record and sell the music. The US Copyright Office gives more facts regarding using another person's copy written material here: http://www.copyright.gov/help/faq/faq-fairuse.html Under certain conditions, churches and schools are able to use copy written works without permission based on specific guidelines. The most basic are, reproduction for educational purposes such as teaching, study and research. The full report and details of this law can be found at http://www.copyright.gov/circs/circ21.pdf It clearly states that there are limitations on exclusive rights in the Fair Use guidelines Section C. 107. Guidelines for using broadcast material and off-air recordings can be found on page 22 Section F. If you do decide that you still want to record copy written material performed by a school or choir and sell it for profit, here is what to do. After you have chosen the songs that are to be performed, look at the sheet music or CD/Tape. On it is listed what year it was copy written, who published the work and very often the performance rights organization that represents them. The big three performance rights organizations are BMI http://www.bmi.com/ ASCAP http://www.ascap.com/index.html SESAC http://www.sesac.com/home.asp I have found the people that work in the offices of these organization to be very friendly and more importantly, extremely helpful. Do not hesitate to call and ask questions. If you cannot find who represents the artist whose work you want to use, the US Copyright Office can provide the proper contact information for you for a fee or if you feel more comfortable, either another Google researcher or myself would be more than happy to help you obtain the proper information you need. The cost for use of the copy written work will vary depending on the artist and song. And if you are duplicating (mechanical rights) there is a charge per CD/Tape. It is usually in the .07 cent per copy duplicated range. For a concert, (performance rights), there is a one time per use fee. (In the $$ range). You will also need to get written permission from the publisher. As mentioned above, you will find the name of the publisher where you find the copyright information on the sheet music or CD. There is sometimes a charge for this. It will depend on the publisher. Within these guidelines all musical parties should be able to create in harmony. My best wishes to you. |