Members Harry_HH Posted November 25, 2012 Members Share Posted November 25, 2012 I presume that most of us (composers, arrangers, producers) have faced the situation where you have asked for the license of some music publication company, e.g. for your own arrangement or translation of some composition, and because of you are a minor player (or a private person) without any bigger label behind you, they have said "no". This used to be much easier earlier (60's, 70's), i.e. the permission for e.g. your own arrangement (of course including proper license fees and royalties), but nowdays especially some companies such Sony, are very reluctan and petty admitting any licenses. The policy has changed. And because of the consolidation of the music biz, these big companies control huge share of all publication rights, this meas sometimes is almost impossible to get the publication rights (I think these companies shoot their own legs because this lead easily to the outlow behaviour, personally I'd like to play according to the rules). I'd like to know: 1) Have you faced yourself this kind of cases personally, and if yes, what are your experiences of these, your way to handle the case? Any good spesific way to get the publication rights as a minor player? 2) E.g. Youtube is full of music performancies without any license, do you happen to know what is the official legal status of this kind of publishing (I know that this whole digital right "battle" changing the rules but I'm talking now especially the performances made with a potential commercial ambitions, how do you find this)? 3) What publication channels have you used for your own versions of someones else music or lyrics without any license - e.g. Youtube, your own site, Soundcloud etc? 4) The whole scene is changing, how do see the borderlines between the "official commercial publishing" and personal digital channels such as Facebook, Youtube, Soundcloud etc. in terms of publication licensies and potential violation of someones rights/legal consequences? Harry Link to comment Share on other sites More sharing options...
Moderators daddymack Posted November 25, 2012 Moderators Share Posted November 25, 2012 Most music is available for license through the Harry Fox Agency (HFA). True, not all works are in their catalogue, butif you feel the need to cover someone else's material, and the HFA doesn't have the rights to license it, then you can also approach the copyright holder directly, or the publisher. Personally, I would look for material in the public domain or go for the 'legal' options of claiming parody...Youtube is rife with unlicensed covers, but, since there is very little money to be made posting covers on youtube, the powers that be do not spend a lot of time prosecuting violations. If you google "youtube copyright disclaimer" there are pages of suggestions how to use the 1976 Copyright act to get around this...frankly, as mentioned, since the cost of prosecution outweighs the value, there is very little they will do except remove your vids.If you have not already, please read our copyright sticky at the top of this forum. Link to comment Share on other sites More sharing options...
Members Harry_HH Posted November 26, 2012 Author Members Share Posted November 26, 2012 Originally Posted by daddymack Most music is available for license through the Harry Fox Agency (HFA). True, not all works are in their catalogue, butif you feel the need to cover someone else's material, and the HFA doesn't have the rights to license it, then you can also approach the copyright holder directly, or the publisher. Personally, I would look for material in the public domain or go for the 'legal' options of claiming parody...Youtube is rife with unlicensed covers, but, since there is very little money to be made posting covers on youtube, the powers that be do not spend a lot of time prosecuting violations. If you google "youtube copyright disclaimer" there are pages of suggestions how to use the 1976 Copyright act to get around this...frankly, as mentioned, since the cost of prosecution outweighs the value, there is very little they will do except remove your vids.If you have not already, please read our copyright sticky at the top of this forum. Thank you for commenting. Yes, I´ve read the sticky threads etc. A couple of additional remarks:1. In my case, the target of my thread was the cases where you have to ask the copyright holder permission for your own translation/arrangement of the song.In these international cases (outside the USA) the HFA and the straightforward standard license application doesn´t help very much. I´ve understood that you haveto apply/negotiate in each country the license and, as I wrote, very often the big companies won´t give you permission for the translation, no matter how good andloyal to the original text your version is.2. You recommended "looking for the material public domain or go for the legal options", in my case songs are not public domain, and yes, I´m looking for the legaloption and I´m most worried that it´s made in some case very very difficult. Any good advice for the cases?3. In addition, in my case, the primary motivation of the publication of my version is not not commercial (money), therefore I asked the Forum reader opinions of the new "social media" publication channels. My motivation is mostly just making my work public (and of course the fame ;-). Therefore channels such as you own site, Soundclloud, Youtoube, Facebook etc. are potential. But I have nothing against asking and having the license for the mechanical publication, if that´s only possible.Im most gratefult of any personal experience and advice of the similar situation (which must happen all the time, where are you people...).Harry Link to comment Share on other sites More sharing options...
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