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GUke
Lokahi
188 Posts |
 Posted - 09/02/2006 : 1:13:43 PM
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Interesting reading about "tab and publishing on the net". If you record yourself performing a songwriter's material and sell the CD, should you pay the songwriter? I've heard that when a musical is performed by a high school or community theatre group a royalty is paid.
Are there violations when performing someone's material live and being paid for your performance. I would suspect for small time musicians playing at small venues if there be violations that enforcement might be an issue.
If someone records a performance with the performer's knowledge/permission and sells it, are there royalties to be paid to songwriters?
My gut feeling is anything recorded to be sold, your probably obligated to pay.
Is monetary "profit" the big consideration in determining violations for live performances?
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Genaro
Should I? Itʻs only $, and where Iʻm going itʻll burn or melt. |
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Fran Guidry
Ha`aha`a
USA
1579 Posts |
Posted - 09/02/2006 : 5:13:23 PM
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Monetary profit is not a consideration in copyright laws. Publication is the issue. If you record someone's song and then create copies of your recording you owe the song publisher $.08 per copy that you create. Realistically if you pass a few copies around to friends and family no one is going to come after you, but legally you are liable, and the statuatory damages are substantial. Statuatory damages mean that the copyright holder gets big bucks from you without having to prove damage to themselves.
Performance of copyrighted material in a live venue is a completely separate issue. The venue is responsible for paying the performing rights organization(s) for the right to use material they represent. No problem for you, the performer.
We've covered this in a few previous discussions, and this information is covered pretty exhaustively on the web. Look for "mechanical license" for recording questions, and "performance rights" for live performance.
Fran
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E ho`okani pila kakou ma Kaleponi
Slack Key Guitar in California - www.kaleponi.com
Slack Key on YouTube
Homebrewed Music Blog |
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Mika ele
Ha`aha`a
USA
1493 Posts |
Posted - 09/03/2006 : 10:42:20 AM
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| I "performed" for six years as a guitarist in my church. Most of the songs we played were written by someone outside of the group. We paid an annual license fee to the Christian Copyright Licensing International (CCLI) to be able to play their songs. It was a modest annual fee and it kept our very small church out of litigation trouble. It also gave us access to 50,000 songs we could play. |
E nana, e ho'olohe. E pa'a ka waha, e hana ka lima. |
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RJS
Ha`aha`a
1635 Posts |
Posted - 09/03/2006 : 4:54:33 PM
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Fran,
I think the mechanicals (8 cent thing) are supposed to go to the copyright holder, who isn't necessarily the composer. |
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GUke
Lokahi
188 Posts |
Posted - 09/07/2006 : 10:17:21 AM
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e Fran,
Thanks for the info. Good to know the venue is responsible. And after reading what constitutes a public performance, being a street musician can be risky. They are not playing for family or a circle of aquaintances.
Aloha nui,
genaro |
Genaro
Should I? Itʻs only $, and where Iʻm going itʻll burn or melt. |
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cpatch
Ahonui
USA
2187 Posts |
Posted - 09/18/2006 : 11:38:35 AM
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quote:
Originally posted by Fran Guidry
If you record someone's song and then create copies of your recording you owe the song publisher $.08 per copy that you create.
Actually, it's currently $.091 per copy if the song is 5 minutes or less and an additional $.0175 per copy for each minute or fraction thereof over 5 minutes! The wonders of inflation (or greed). |
Craig
My goal is to be able to play as well as people think I can. |
Edited by - cpatch on 09/18/2006 12:29:48 PM |
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RJS
Ha`aha`a
1635 Posts |
Posted - 09/18/2006 : 3:31:02 PM
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| Busking on Wilshire Blvd in LA can be lot more "risky" that a farmer's market in Iowa |
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Lawrence
Ha`aha`a
USA
1597 Posts |
Posted - 09/19/2006 : 07:01:32 AM
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quote:
Busking on Wilshire Blvd in LA can be lot more "risky" that a farmer's market in Iowa
Especially if you are standing in front of the Capitol Records building!
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Mahope Kākou...
...El Lorenzo de Ondas Sonoras |
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Kapila Kane
Ha`aha`a
USA
1051 Posts |
Posted - 10/01/2006 : 12:02:36 AM
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__________________________________________________________________________________
Busking on Wilshire Blvd in LA can be lot more "risky" that a farmer's market in Iowa
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depends on the set.
Work the crowd...
and at the farm progress show, play some Merle, and don't ask for brown rice, Chardonnay, or Evian.
Also, don't go joggin unless you want folks to ask you you, "need a ride?".
Midwestern Slack usually involves hemp and a tree, or a big John Deere, since there aren't any trees...tough to hang em from the corn.
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rendesvous1840
Ha`aha`a
USA
1055 Posts |
Posted - 10/01/2006 : 11:44:17 AM
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| How does one go about paying the copywright holder? Or, for that matter, determining who to pay? |
"A master banjo player isn't the person who can pick the most notes.It's the person who can touch the most hearts." Patrick Costello |
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RJS
Ha`aha`a
1635 Posts |
Posted - 10/01/2006 : 2:19:59 PM
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I think that was addressed before but here's a thumbnail...
On a professional level:
As to recordings:
When you record, you pay mechanical rights, as they are called. This is a per copy set rate, and there are two "clearing houses" that you pay to. When you play live at a venue, that's the venue's job - and I don't know anyplace that actually does this. (Want more info, google "mechanical recording rights.")
As to "in print:" no set rate. Typically you have to get in touch with the copyright holder and negotiate something. If you're just quoting a small part of text in an article, review, or book, like 2 lines of a verse, you can probably apply "fair use." The publisher you are working with will usually either take care of this or guide you.
Non-professional level:
If you're just doing something for yourself/friends. It's actually almost impossible to pay "mechanicals" for 50 copies using the industry's formal proceedures. However, since we're dealing with Hawaiian music here, it's best to just contact the haku mele or the copyright holder, ask for permission and negotiate a fair fee, typically based on mechanical, (which is about 9 cents per song per copy.) Most, but not all, are pretty easy to work with. Not all. If you can't find the copyright holder, you might try to contact a record company that has released a version of the song and ask them. Legally, no one can stop you from recording any song, nor do you need prior permission, but you are resonsible for mechanicals. Bad feelings - another story. They CAN stop you from publishing their words in print (or take action against you if you do.) |
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