copyright issues

[dougstronach]

Hello all:I want to submit to a TAXI listing some instrumental pieces I composed and recorded for a one-off local musical theatre production.The theatre company paid for part of my time to compose and record the pieces as well as paying the fee for some of the musicians that played on it. They were not in a financial position to pay for the whole thing so I used the opportunity to expand my writing and recording credits.We did not sign any contracts.It is all my original music so I know I can use it, but can I use the recording of it without any issues?thanks for any help,doug s.

[gitarrero]

I guess you want to submit for a listing that calls for "masters", meaning: your recording may get used "as is", the track won't be recorded again (like in artist pitches).two things are important to know:1. you need to controll the composition - that is the case if you've written it all by yourself and didn't sign any publising contract.2. you need to OWN the rights on the recording. if other musicians played on the recording (which seems to be the case) than you MUST have release-forms of them. if you don't have release forms (that states that the musicians sign their rights on the recording (not the composition!) to you) you simply can't use this track to give it to a library. the music library will ask in their contract exactly for that: that you own the master.if this is completely new for you and you want to dive in it: there are several books about that - for example "how to get your music in film & tv", here's a link:http://www.amazon.com/How-Get-Your-Musi ... sr=8-1best of luck,martin

[dougstronach]

that's very clear. thanks.doug s.

[vicky]

hi...I had the same question....I'll check out the book you mentioned..Is this right?....we need all the signatures of musicians, if a recording is to be used...and what if I can't find everyone....when I joined Taxi I had a backlog of 7 finished cds..... a few dating back quite a few years....any advice?Do I actually have to show these releases....I also have verbal agreements with many friends I play with...does that count for anything? The paper work is so ominous and scary next to writing the music..thanks,Vicky

[Casey H]

VickyThis is a subject that a lot of people need clarification on. The ownership of a copyright to your music is not the same as owning the rights to a specific recording. A copyright is documentation regarding the specific words and music, regardless of how recorded. When a recording is made, such as with demo musicians, you need to own all rights to that exact recording ("as is" as Martin said) for it to be used in film/TV. If a musician performed on the demo, he/she might assume, in the absence of an agreement, that they own some part of that master recording. There is no way of knowing without a written, signed agreement. Music libraries and publishers do not want to take a chance and get involved in a legal hassle later one. (And you don't either). That is why they ask for this documentation. And even if they don't specifically ask for the documentation, your signature on their contract states that you own the master, free and clear, and are liable for any lawsuits or damages should someone make a claim.Imagine if your song was placed in a major film or TV show and then out of the blue, a session musician filed a lawsuit claiming he/she is entitled to a percentage on any revenue generated. With nothing in writing, you could end up in a mess of legal trouble.So, yes you really do need this. If you've had demos done in the past you might be able to go back and get releases from the musicians involved. It's always tougher after the fact and some, due to union issues, may be reluctant to sign. But you should give it a shot with every recording you want to pitch for film/TV. If you only had rough demos made, not master quality recordings, then it is moot because you need master quality recordings for film/TV.I hope this forum thread helped you. That's what it's all about. And keep asking questions!! Warmest,Casey

[matto]

Many companies require a copy of the releases. Even if they do not, any contract will always require you to warrant that you have them and therefore own the recordings and can do whatever you please with them. If you do NOT have that right, then you cannot enter into any agreement/contract regarding those recordings.Verbal agreements don't count, you need releases in writing. If you can't find the players and get them to sign a release, you can't use those recordings. If you say you have the releases but you don't, then you're committing perjury... matto

[aubreyz]

Not only do verbal releases not count, but there is precedent that work for hire releases signed after the recording/work is done are not necessarily valid if ever legally challenged. A library wouldn't turn you down because your releases were signed after the fact, and the chances of legal action would be pretty slim, but it's interesting trivia Sign often. Sign early.

[vicky]

perjury is bad, right?.... just kidding my contemporary jazz forwards may be problematic...I've been contacted for three songs...I'm not sure what to do....i guess I'll spend all week trying to find a few peeps...my electronica forwards will be OK (I made all the samples myself with pots and pans in the kitchen)thanks for the input.....you guys are super helpful....and great musicians...this paperwork can really frighten; I'm used to being just a bassplayer; now things are going to change, i guess....thanks again,Vicky

[Casey H]

Quote:If you say you have the releases but you don't, then you're committing perjury... mattoAnd you know how much trouble THAT got Bill Clinton into...

[edteja]

Quote:VickyThis is a subject that a lot of people need clarification on. The ownership of a copyright to your music is not the same as owning the rights to a specific recording. A copyright is documentation regarding the specific words and music, regardless of how recorded. Actually, caution here--a PA copyright is exactly this. An SR copyright is a copyright of the sound recording--that specific one submitted.