[Gary Eickmeier]

Sorry, have to ask. I got a great recording of my concert band on Sunday. I
have been making their archival recordings of their work, but this time I
put some flyers out in the lobby for the audience to see if they would like
a copy. Then someone mentions that we might not have the right to sell their
music to the public.

The director is not sure, no one seems to know if and when you can sell
recordings of purchased charts to the public. I know I have video's a lot
of concerts and sold them without a thought about it. All of my daughter's
programs I have taped and given out. But some of her plays she is in cannot
be taped and sold, and the local symphony conductor will not let anyone
record their performances.

How do you know?

Gary Eickmeier

[hank alrich]

Gary Eickmeier wrote:

Sorry, have to ask. I got a great recording of my concert band on Sunday. I
have been making their archival recordings of their work, but this time I
put some flyers out in the lobby for the audience to see if they would like
a copy. Then someone mentions that we might not have the right to sell their
music to the public.

The director is not sure, no one seems to know if and when you can sell
recordings of purchased charts to the public. I know I have video's a lot
of concerts and sold them without a thought about it. All of my daughter's
programs I have taped and given out. But some of her plays she is in cannot
be taped and sold, and the local symphony conductor will not let anyone
record their performances.

How do you know?

Where did the charts come from? What is the repertoire?

--
shut up and play your guitar * http://hankalrich.com/
http://hankandshaidrimusic.com/
http://www.youtube.com/walkinaymusic

[Scott Dorsey]

Gary Eickmeier wrote:
The director is not sure, no one seems to know if and when you can sell
recordings of purchased charts to the public. I know I have video's a lot
of concerts and sold them without a thought about it. All of my daughter's
programs I have taped and given out. But some of her plays she is in cannot
be taped and sold, and the local symphony conductor will not let anyone
record their performances.

How do you know?

If the arrangement is pre-1928, it's okay.

If it's post-1928, you go through Harry Fox and see who has the rights to
it. You write them a letter asking them for mechanical reproduction rights.
If they don't reply or they won't dicker, you pay the standard rate for
statutory rights to Harry Fox.

If you bought a score from Schirmer after 1928, the arrangement in it is
currently under copyright and there is a little notice to that effect.

Now... it gets a little harder because there are SOME works after 1928 which
have fallen into the public domain and you don't have to pay rights on those
but you DO have to be absolutely sure that it really is PD.

Recording Magazine had a very nice article on the subject in the last year
or so, I think.
--scott

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

[Les Cargill[_4_]]

Gary Eickmeier wrote:
Sorry, have to ask. I got a great recording of my concert band on Sunday. I
have been making their archival recordings of their work, but this time I
put some flyers out in the lobby for the audience to see if they would like
a copy. Then someone mentions that we might not have the right to sell their
music to the public.

The director is not sure, no one seems to know if and when you can sell
recordings of purchased charts to the public. I know I have video's a lot
of concerts and sold them without a thought about it. All of my daughter's
programs I have taped and given out. But some of her plays she is in cannot
be taped and sold, and the local symphony conductor will not let anyone
record their performances.

How do you know?

Gary Eickmeier




Find an entertainment lawyer.

--
Les Cargill

[Gary Eickmeier]

As I understand it, he shops around for charts all over the state, maybe
even up north - music stores, friends, I dunno. Fascinating process because
you have to have the music for all of the instruments, plus the score for
him. I must ask him sometime just how he does it, but he always puts on a
nice show. Stuff like Sousa marches, a Tribute to Judy Garland, Jazz
standards, South Pacific. They do not charge for attendance, but ask for
donations in a bucket. Probably too small potatoes for me to worry about it,
but still...

And certainly not worth hiring an entertainment lawyer! I may have the issue
of Recording magazine Scott mentioned. I will look.

Gary Eickmeier

[Mike Rivers[_2_]]

On 3/13/2013 12:31 AM, Gary Eickmeier wrote:

Stuff like Sousa marches, a Tribute to Judy Garland, Jazz
standards, South Pacific. They do not charge for attendance, but ask for
donations in a bucket. Probably too small potatoes for me to worry about it,
but still...

That sounds like quite a mix. There may be some public domain music
there, and some that's still protected by copyright. It doesn't make any
difference whether you're making a profit from the sale of recordings,
just covering expenses, or giving the recordings away for free.
Copyright isn't about YOU making money (or not), it's about the song
writer and publisher making money (or not).

I don't think you need a lawyer. The lines are pretty clear. What you
need to do is find out if the material is still protected by copyright,
and if so, obtain permission to distribute your copy of it.



--
For a good time, call http://mikeriversaudio.wordpress.com