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Paul[_13_] Paul[_13_] is offline
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Default It looks like Whoever Pays for the Studio Time, Owns the Recordings


http://duc.avid.com/showthread.php?t=279223


So let's say I have a sax player who pays me to record
the raw tracks from a live gig, but wants me to send
him the WAV files so he can mix it himself.

It looks like I can't legally go behind his back and
try to sell my own mixes to the singer or bass player,
because the sax player paid me, and so technically he
owns the master recordings, right?

It's not like in photography, where the person who
took the picture owns the rights...
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John Williamson John Williamson is offline
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Default It looks like Whoever Pays for the Studio Time, Owns the Recordings

On 09/04/2014 15:56, Paul wrote:

http://duc.avid.com/showthread.php?t=279223


So let's say I have a sax player who pays me to record
the raw tracks from a live gig, but wants me to send
him the WAV files so he can mix it himself.

It looks like I can't legally go behind his back and
try to sell my own mixes to the singer or bass player,
because the sax player paid me, and so technically he
owns the master recordings, right?

He owns the intellectual property, you own the hardware. So, in effect,
you can't just go ahead and sell your own mix without his permission, as
that would be a violation of his intellectual property rights. Doing a
mix purely for your own enjoyment, with nobody else being allowed to
hear it, is a grey area.

It's not like in photography, where the person who
took the picture owns the rights...


Even photography copyright isn't that simple (Here in the UK, at least.)

If I take a picture in and from a public place, without being
commissioned, I own the copyright, and can use that picture in any way
that doesn't defame any person visible in it. I can sell you permission
for any use you wish to make on it, ranging from a single print to be
kept in a private place, to assigning you all the rights I have over
that image.

If you ask me to take a picture, whether in a public place or not,
whether you pay me or not, then you own the copyright in that image. I
have no rights over it at all, even if I use my own equipment to take
and edit that image.

If you ask me to take an image of a person, then the person also has
rights concerning use of that image.

If I take a picture of an actor or other performer during their
performance, then they own the copyright of that image, as they own the
copyright of their performance, unless there is a contact with the
theatre or other person.

In the case of sound recordings, if I play and record a piece of music
or narration, then I have copyright control of the performance, but the
writer of the work has a right to a payment when that recording is
published. Of course, I may also be the writer...

If I record, say, a band or a vocal performance, copyright exists in
that performance, whether or not I have been paid to make that
recording, and I can't do what I wish with it, as the author and
performer have rights over it. I might have the master recording in
whatever format in my possession, but I can't remix it or publish it
without the permission of the performer and author.

All these conditions can be overridden by a contract, which is why you
should always get clearance in writing when you either take a picture
you intend to publish or record a performance you intend to release,
even for free.

--
Tciao for Now!

John.
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hank alrich hank alrich is offline
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Default It looks like Whoever Pays for the Studio Time, Owns the Recordings

Paul wrote:

http://duc.avid.com/showthread.php?t=279223


So let's say I have a sax player who pays me to record
the raw tracks from a live gig, but wants me to send
him the WAV files so he can mix it himself.

It looks like I can't legally go behind his back and
try to sell my own mixes to the singer or bass player,
because the sax player paid me, and so technically he
owns the master recordings, right?

It's not like in photography, where the person who
took the picture owns the rights...


If you are hired to photograph something you may well be under a "work
for hire" contract that hands copyright to your employer.

In the case of the studio recording you have no rights to the material.

--
shut up and play your guitar * HankAlrich.Com
HankandShaidriMusic.Com
YouTube.Com/WalkinayMusic
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Scott Dorsey Scott Dorsey is offline
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Default It looks like Whoever Pays for the Studio Time, Owns the Recordings

In article , Paul wrote:
So let's say I have a sax player who pays me to record
the raw tracks from a live gig, but wants me to send
him the WAV files so he can mix it himself.

It looks like I can't legally go behind his back and
try to sell my own mixes to the singer or bass player,
because the sax player paid me, and so technically he
owns the master recordings, right?


If there is no contract, the guy with the better lawyer has
rights to everything.

It's not like in photography, where the person who
took the picture owns the rights...


If the photographer didn't get a model release signed, he doesn't
own all the rights and can't use the picture. (Mind you there are
exceptions to this... and lawyers are paid a lot of money to find
exceptions).

Everybody needs to sign a contract, then everthing is out in black
and white. Without a contract, everyone is screwed except the lawyers.
--scott

--
"C'est un Nagra. C'est suisse, et tres, tres precis."
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