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Kapila Kane
Ha`aha`a
USA
1051 Posts |
 Posted - 07/27/2005 : 6:33:32 PM
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Is MBE now out of copyright? (For recording and posting purposes.)
I recall 28 years ....with one renewal--for a period of 56 protected years...
If this Claude Malani tune is from the 20's, then can we assume it's public domain?
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Fran Guidry
Ha`aha`a
USA
1579 Posts |
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Auntie Maria
Ha`aha`a
USA
1918 Posts |
Posted - 07/28/2005 : 07:28:20 AM
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A search on the ASCAP site shows it as still under copyright, to:
EMI MILLER CATALOG INC
% EMI APRIL MUSIC INC
C/O EMI MUSIC PUBLISHING
810 SEVENTH AVE
NEW YORK , NY, 10019
Tel. (212) 830-2036 |
Auntie Maria
===================
My "Aloha Kaua`i" radio show streams FREE online every Thu & Fri 7-9am (HST)
www.kkcr.org - Kaua`i Community Radio
"Like" Aloha Kauai on Facebook, for playlists and news/info about island music and musicians!
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`Ilio Nui
`Olu`olu
USA
826 Posts |
Posted - 07/28/2005 : 07:42:12 AM
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Auntie,
That's good info. For anyone looking for copyright data, the best places to start is www.bmi.com or www.ascap.com
Mahalo,
Dave |
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Lawrence
Ha`aha`a
USA
1597 Posts |
Posted - 07/28/2005 : 08:45:05 AM
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Actually, I looked at that ASCAP link and searched in the "ACE database" and found Maori Brown Eyes. The listing does not appear to indicate whether the title copyright is still private or NOT (it just lists the registering entity). It does not seem to indicate whether this registration is for the ORIGINAL work or for just a new arrangement. Nor does it list the date of creation or the date of publication, both of which are needed to determine actual copyright status. A search for "Greensleeves" (a well known public-domain work) returned many hits with many authors listed (for differing arrangements no doubt) with no indication of original authorship and still no indication of current validity of copyright on any of the listings! It appears that being in the ASCAP list does NOT indicate whether a work is still copyright proctected or not, only that it was entered (registered) into this public listing at one time or another.
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Mahope Kākou...
...El Lorenzo de Ondas Sonoras |
Edited by - Lawrence on 07/28/2005 09:01:50 AM |
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`Ilio Nui
`Olu`olu
USA
826 Posts |
Posted - 07/28/2005 : 10:59:14 AM
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Like I said. It's a place to "start". Now that you've done all the research, what IS the copyright status?
Dave |
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Fran Guidry
Ha`aha`a
USA
1579 Posts |
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Auntie Maria
Ha`aha`a
USA
1918 Posts |
Posted - 07/28/2005 : 3:47:16 PM
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I cheated -- asked a friend who owns one of Hawaii's major record labels about the status of "Maori Brown Eyes", and got this response:
"The term is as long as 95 years in some
cases, so I think that the song may still be protected.
"Good place to start is www.copyright.gov it's the website for the Copyright
Office. Go to Basics, then How Long Does a Copyright Endure. Or go to
Publications, Circulars and Brochures, and download 15, 15a(Duration), and
15t (extension of terms)."
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Auntie Maria
===================
My "Aloha Kaua`i" radio show streams FREE online every Thu & Fri 7-9am (HST)
www.kkcr.org - Kaua`i Community Radio
"Like" Aloha Kauai on Facebook, for playlists and news/info about island music and musicians!
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Lawrence
Ha`aha`a
USA
1597 Posts |
Posted - 07/28/2005 : 5:13:11 PM
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Now is there ANY doubt here why there are so many Lawyers??!!
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Mahope Kākou...
...El Lorenzo de Ondas Sonoras |
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Kapila Kane
Ha`aha`a
USA
1051 Posts |
Posted - 08/01/2005 : 12:24:55 AM
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Ok, so 1942-70 is 28 years...
1970-98 is another...
If my lawyer says it's ok then maybe I will...
So was the original was in 1942? Doesn't that make the song itself PD?
Wonder where the "as long as 95 years" concept originates...
I'd like to protect my originals that long!
If it was from the 20's, then we only need to wait till 2015, and then we pounce.
perhaps we should go to Harry Fox Agency, who pretty much administrates royalties and last rites on all of God's songs, and a few of his children...
Now, of course, if I copyright my arrangement, make sure you ask for my permission first...
But if you want to record my version of "Strangers in the Hood"...it's ok with me.
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Edited by - Kapila Kane on 08/01/2005 12:32:25 AM |
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cpatch
Ahonui
USA
2187 Posts |
Posted - 08/01/2005 : 07:41:40 AM
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| A quick web search shows that it was copyrighted in 1942 by Malani and Johnny Noble through EMI with the copyright renewed in 1970. According to the chart referenced in Fran's post, this puts it in the public domain in 2033. |
Craig
My goal is to be able to play as well as people think I can. |
Edited by - cpatch on 08/01/2005 07:50:34 AM |
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Ianui
Lokahi
USA
298 Posts |
Posted - 08/01/2005 : 3:02:44 PM
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A copyright is different than publishing rights. Obtaining a copyright OK, may still not give you permission to publish the song, as those rights may be assigned to a completely different company.
The Harry Fox agency handles big publishing firms and does license limited production of songs. (less than 2,500) they charge around 80 cents per song royalty. You can search their song database for free.
I will tell you now finding out who owns Hawaiian songs is a mess.
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Edited by - Ianui on 08/01/2005 3:04:29 PM |
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Kapila Kane
Ha`aha`a
USA
1051 Posts |
Posted - 08/01/2005 : 8:57:35 PM
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So what is the rule for recording copyrighted material for the
Taropatch 2005 CD--Whether It's MBE, or anything that is currently still under copyright?
Guess it's time to write an original, or go PD....but what is 95 and still "in the groove"?
Well, in 42 years, it could be me...
yeah, right...guess I'll roll the odometer back.
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cpatch
Ahonui
USA
2187 Posts |
Posted - 08/02/2005 : 07:11:13 AM
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| In order to avoid copyright issues, our rule for previous CDs was that submitted songs had to be original, public domain, or submitted with the permission of the copyright owner. |
Craig
My goal is to be able to play as well as people think I can. |
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Lawrence
Ha`aha`a
USA
1597 Posts |
Posted - 08/02/2005 : 07:55:17 AM
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quote:
In order to avoid copyright issues, our rule for previous CDs was that submitted songs had to be original, public domain, or submitted with the permission of the copyright owner.
That was the rule for submission to your soundclick page Craig.
But it was NOT the rule for submission to the disc set. There were submissions of personal performances of copyrighted works on both of the last two CD sets without permission of the rights holders. New works based on copyrighted material were deemed to be OK for the disk set as long as we limited the distribution to those who have contributed (i.e. - the students) AND as long as there was no "profit" involved for the producer. In this case we were operating under the educational fair-use provisions of the copyright act(s). Of course, we certainly SHOULD NOT even think of publishing beyond the TP submitters unless your above precautions have been satisfied!
Here was your first post with the "rules" (for the 2004 collection):
quote:
4. If it's an original song, is in the public domain, or you have the permission of the copyright holder, let me know if you want me to also put the song up on the TaroPatch SoundClick page so everyone can listen to it. Otherwise it's only going to go on the CD (see below).
5. Indicate whether you would like a CD or tape of the finished product. (I've heard rumors there are still tape users out there. Sorry, no 8-track.)
6. Send US$5 to cover the material costs of your copy.
As with last year, you will only get a copy of the CD (or CDs if there are enough songs) if you contribute to it. This avoids potential copyright issues and means you're only baring your soul to those who have dared to bare theirs! If you indicate that your song can be shared with everyone (it must be an original song, be in the public domain, or you have the permission of the copyright holder), however, then it will be made available for listening and download from the TaroPatch SoundClick page in addition to appearing on the CD.
In any case, Kapila Kane's question may not relate to the new disk set, but may relate to an entirely different project he is working on.
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Mahope Kākou...
...El Lorenzo de Ondas Sonoras |
Edited by - Lawrence on 08/02/2005 09:33:15 AM |
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Kapila Kane
Ha`aha`a
USA
1051 Posts |
Posted - 08/03/2005 : 11:05:09 PM
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Actually Lawrence, it's both--at least in my dreams.
I want to get something in for TP project...which is testing my skills to apply guitar to the next "Headin' West" like project that's mostly spinning amorphously through my head.
When that goes "solid" and actually is pressed, any protected material goes through the owner...
and since it was around 8 cents per unit per song back in 1,000,000 B.C. , I prefer to do as much original or Public domain material as my brain and fingers can muster.
But if I would use MBE for TP '05, WHO holds the ORIGINAL rights-- (and not just the copyright of an arrangement)--and is the ONE that I would seek?
Would Dancing Cat know, since they've recorded and re-released many of the "standards" in this genre?
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