Another copyright question

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Anybody who's ever used PA9 has problably heard the song "Ballad #1" by Igor Khoroshev, am I right? with this in mind, I e-mailed him about using his high string part for a rap song of mine. Do I need permission to copyright that as a sound recording? I don't know if he has an SR copyright on it, but I was just wondering. Of course, I still have gotten no response.
 
the answer is (I believe) IF YOU RERECORD HIS PART YOURSELF PLAYING. that if you dont make any money your cool as long as he doesnt say remove it. if you do make money off of it then you owe him money, he cant stop you from using it, it is just you have to pay him for it. this only applies in live music or cover tunes, if you wish to use your cover in a commercial or such, you cant without his approval.

I may be a bit off base, but that was what I was taught when I got a 4.0 in copyright law in college... 13 years ago :)

however you cant use his recording of his playing, without his permission

FatesWebb

http://www.vocals101.com
 
his site doesn't have his publisher on it at all. know where I could find that info?
 
fateswebb said:
the answer is (I believe) IF YOU RERECORD HIS PART YOURSELF PLAYING. that if you dont make any money your cool as long as he doesnt say remove it. if you do make money off of it then you owe him money, he cant stop you from using it, it is just you have to pay him for it. this only applies in live music or cover tunes, if you wish to use your cover in a commercial or such, you cant without his approval.

I may be a bit off base, but that was what I was taught when I got a 4.0 in copyright law in college... 13 years ago :)
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You'd be shocked how much uglier copyright law has gotten over the past 13 years.... :D

Here's the relevant section of Title 17:

http://straylight.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000504----000-.html

As you can see, neither statutory nor punitive damages are dependent upon whether the person makes a profit off the infringement. Punitive damages are the -sum- of the profits made by the infringing party and the losses by the aggrieved (minus any overlap to avoid double-billing). And the copyright holder can instead choose to settle for statutory damages, which can be as high as $150,000 in cases of willful infringement.

Bottom line is DON'T use it unless you have cleared it in WRITING by all royalty-owed parties, which generally means the publisher and the composer (or composers).

Check in the ASCAP/BMI/SESAC online databases for info on the rights holders. If you're only doing limited production, you might also elect to simply pay compulsory licensing fees through songfile.com if they have that song listed.... Don't know how that interacts with digital product downloads, though.
 
I thought you could swipe snippets like the hip-hoppers do.
 
apl said:
I thought you could swipe snippets like the hip-hoppers do.
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That's a grey area. The quantity of material does matter as to whether something is infringement, but AFAIK there hasn't ever been a case that really established a consistent yardstick for measuring those limits. That said, I am not a copyright lawyer, so I may very well have missed it....

I mean... unless you accept any of the 'subconscious incorporation' cases as being binding case law, in which case we're all screwed.
 
dgatwood said:
That's a grey area. The quantity of material does matter as to whether something is infringement, but AFAIK there hasn't ever been a case that really established a consistent yardstick for measuring those limits. That said, I am not a copyright lawyer, so I may very well have missed it....

I mean... unless you accept any of the 'subconscious incorporation' cases as being binding case law, in which case we're all screwed.
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Couldn't he just use the portion of the song he wants then just pay mechanical royalties as if he'd used the whole song? Or am I just masturbating with a cheese grater here?

- Tanlith -
 
Tanlith, yes, assuming you don't use the actual original recording. If you were to play and record the section by yourself, your only obligation is to pay a mechanical royalty to the publisher. However, he should try to bargain for a lower rate than the minimum statutory rate. Also, there are companies that specialize in helping musicians with getting samples cleared if he wants to use the actual original recording as his sample. They are appropriately called "Sample Clearing Houses" and you can find some on the internet by searching. For a small fee, they will handle all the nasty legal business for you and try to get you a deal on the license.
 
Maybe you could change the line up a bit and make it your own? That way the line will be an influence and not a copy.
 
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