Library Question

[hazineju]

not sure where to post this, hope this section is ok.in a nutshell i got contacted by a library from a taxi forward of a duet from on opera i arranged/recorded (hooray!). it's a capella and (obviously) not original. if we sign exclusive we'd make a lot more money if the song ever gets placed. the exclusivity is for the life of the copyright. now the only thing copyrighted is the arrangement or recording, right? because it's not my own song, i don't feel very attached to the recording and don't mind signing exclusive. however, i think my duet partner is a little nervous about signing exclusive. technically though, we could re-record another arrangement, say with instruments for example, to use at another time if we ever so wanted, right? your thoughts are welcomed and your advice would be greatly appreciated!

[Casey H]

Oct 13, 2008, 6:10am, hazineju wrote:not sure where to post this, hope this section is ok.in a nutshell i got contacted by a library from a taxi forward of a duet from on opera i arranged/recorded (hooray!). it's a capella and (obviously) not original. if we sign exclusive we'd make a lot more money if the song ever gets placed. the exclusivity is for the life of the copyright. now the only thing copyrighted is the arrangement or recording, right? because it's not my own song, i don't feel very attached to the recording and don't mind signing exclusive. however, i think my duet partner is a little nervous about signing exclusive. technically though, we could re-record another arrangement, say with instruments for example, to use at another time if we ever so wanted, right? your thoughts are welcomed and your advice would be greatly appreciated!You need to check with an qualified entertainment attorney. Everything I post here is a GUESS.Is the opera work public domain? That may be a factor (not sure)... I believe you can copyright the actual recording (only) on an SR form. This copyright applies only to the recording and not to the words and music. If you contact the library of congress copyright office, someone there should be able to help you. Again, to be really sure, check with a good entertainment attorney. Casey

[mazz]

Congrats on the contact!!You are right, the arrangement and the master is the only thing that can be copyrighted and published.I suggest not being too attached to this arrangement (sounds like you aren't but your partner is, you'll have to convince them) and go ahead and sign it and just get busy creating more arrangements and originals for more listings and deals. The deal in the hand is worth two "maybes" in the future (bad paraphrase but I think you know what I mean). For library stuff, a quantity of quality material is better than trying to get the best deal on one or two items. In fact, since you have your foot in the door, you could see if they need more of this type of material or other things that you can provide and work on that.This is not to be construed as legal or career advice, just suggestions from a colleague.Good luck!!Mazz

[hazineju]

Hi Casey, thanks so much for responding, and yes the opera was written in 1885, so public domain. Oct 13, 2008, 8:02am, mazz wrote:Congrats on the contact!!You are right, the arrangement and the master is the only thing that can be copyrighted and published.I suggest not being too attached to this arrangement (sounds like you aren't but your partner is, you'll have to convince them) and go ahead and sign it and just get busy creating more arrangements and originals for more listings and deals. The deal in the hand is worth two "maybes" in the future (bad paraphrase but I think you know what I mean). For library stuff, a quantity of quality material is better than trying to get the best deal on one or two items. In fact, since you have your foot in the door, you could see if they need more of this type of material or other things that you can provide and work on that.This is not to be construed as legal or career advice, just suggestions from a colleague.Good luck!!Mazzthanks so much mazz for the encouraging words and the great advice on how to handle this. you guys rock!!!!

[Casey H]

hazinejuIf it's PD then I'm pretty sure you should file an SR form. Give the copyright office a call. Usually they are pretty helpful once you get someone on the phone.Good luck!Non-legal advice disclaimer, Casey

[suzdoyle]

Well, I might as well join in the "not a lawyer but have an opinion" fun here . . . In my experience, you can copyright your arrangement and your recording of a public domain song, and register it with your PRO. You can't copyright a cover of a song that has a current copyright holder -- because it is owned by the composers/ publisher of that song); but you CAN license the right to record, sell and license your version of the song. Then you could earn up front income from that song being sold or licensed (via music libraries or from your CD or iTune, e.g.) -- but any back-end moola (from broadcasts etc. goes to the publisher and writers of the song.And in a third example, you can license the right to use someone else's very specific arrangement of a public domain song (e.g. Cat Steven's very unique intro/ outro to "Morning Has Broken"); in which case you get the upfront $$$ and they get the backend (broadcast) ###.Whew! Tricky, eh?Anyhoo, good luck with everything! Suz

[aldicicco]

A question for Suz...What a PRO?Thanks,Al

[hummingbird]

Oct 21, 2008, 2:46pm, aldicicco wrote:A question for Suz...What a PRO?Thanks,AlPerforming Rights Organization. BMI, ASCAP, SOCAN, etc.

[suzdoyle]

Oops. Sorry, Aldiciccio -- I try not to use Acronyms without including what they stand for. Thanks for answering Ald's question, hummingbird! ,Suz