Harry Fox for recording choirs?

antofants

New member
I'm not certain if this is the right forum to place this (if not I'll try reposting it somewhere else) but I figured someone in here might know.
As an engineer, do I have to take care of paying royalties for choirs that I record. I usually dupe off less than 200 CDs and give them to the client to sell to the public per concert event. But as they are the seller, do they pay royalties or do I as a result of recording the event?
Thanks in advance - David
 
hey donk,
Yeah. The choirs have sung selections from things like 42nd St. or other broadway shows and arrangements or origonal pieces from modern composers (john rutter, etc.). I'm trying to figure out the legistics or leagle aspects of making CDs for these choirs and if I or they or anyone needs to be paying royalty fees on these CDs.
 
oh. well since it's not you're group, you dont pay. you just recorded it.

they pay if they dont want to risk getting involved in a law suit. i doubt that anyone would sue over 200 cd's though. i guess you never know.
 
Yes they do. In fact, if it's a concert (and not a worship service), they would owe royalties for the performance itself as well.

Harry Fox or The Nashville Company is a good place to start.

Daf
 
I believe you have to pay royalties for any music played as part of a worship service as well. (at least our church has to)
 
Not performance royalties, unless you're broadcasting. You do have to pay for sheet music (no copying!), and if you put copyrighted song lyrics in a worship aid, you have to pay a licensing fee. But worship services are specifically exempt from the requirement to pay performance royalties.

Church concerts are another matter, though publishers will often waive the fees (they're just happy you didn't photocopy the music!).

HTH,

Daf (may be different outside US)
 
I don't live in the U.S.A, so I don't know how that changes things, but I think you are right in not paying for your broadcasting. I think we must be paying for the licensing fee to put the songs on the overhead projector, etc.
 
Yo Anto- Here are the answers you don't want to hear. The moment you sold a CD containing music with a current copyright (author not dead for 70 years), you comitted a Federal offense. The choir's administrative staff did also, by reselling it. The bitch is, complying with the law is not practical in short runs of CD's. The 2004 basic mechanical rate is 8.5 cents per song per copy, but Harry Fox will charge you at the minimum rate for 500 copies.
You can negotiate privately with the copyright holder, if you can find them, to reduce or waive the mechanicals and/or pay them directly, bypassing Harry Fox. For the small amount of profit in 200 CD's, all that bullshit isn't even close to practical. The good news is, unless you have deep pockets and large runs of CD's, it is unlikely that anybody will waste the time and money to come after you.
Unfortunately, copyright laws have yet to catch up with current production technology, where small runs of CD's on a shoestring budget is doable. The laws are geared to old style, big label productions. The issues with duplication of scores and public performance are issues for the choir, not for you, and they are even more complicated. I'm afraid the bottom line is- what you are doing is illegal, and there is no practical way yet, to do it legally. The good news is- no one cares.-Richie
 
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