Licensing "Spoken Word/Poetry" Works?

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Phreesoal

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I'm having a difficult time getting an answer to this question by those I've contacted who I thought could assist. So, I came here today to ask you nice people. :)

I'd like to create compilation CDs of Spoken Word & Poetry, whether it be my own works or the works of others.

Is there an organization/body like BMI, ASCAP, SESAC or HFA that allows for the licensing of Spoken Word & Poetry works, so that when played in public settings, radio, internet, clubs, etc., the owner of such works will get compensation for this?

I've contacted all 4 of the aforementioned organizations and BMI, ASCAP & SESAC told me to contact HFA (Harry Fox Agency). When I contacted HFA, they were unsure about such licensing being available and asked if these compilation CDs of Spoken Word/Poetry would be considered "music?"

My answer to them was no, this is not music. They then said they "think" I need a Mechanical License. I'm not comfortable with them not being sure and I'd like to know for sure before pursing this.

I've contacted two companies who I know makes compilation CDs for two poets. I've emailed them and called one by phone, about 5 min before this post. My emails were ignored and the gentlemen I just talked to was short and rude. My question was not fully asked before he said he couldn't assist.

Does anyone, again, know if such a licensing body exist for this type of work? I'm thinking that there is not and consider this sort of a loophole I guess.

Thanks!

Phree
 
Phree...
I have no idea... BUT!!!!

You might try posting this question in the Publicity forum
They might be able to help you there.

Good luck

ELF
 
Great...Will do!

I thought about putting it there but wasn't sure if it was the appropriate forum.

Phree
 
Yo Phree:

Sounds like you are doing an intensive project.

Suggest that you might want to think about contacting a copywrite attorney just to cover your backside.

Doing "original" stuff isn't too complicated except you do want to file your copywrite forms. I had an attorney do this for my first textbook and it ran a little over 100 dollars. For the next two textbooks, I filed the papers myself -- no problem.

If you make any money on this project, the fees for an attorney may be tax deductible.

Good luck,
Green Hornet
 
Wassup there Green!

I can always rely on you to chime in. :)

Thanks as usual and I am definitely aware that works should all be copywritten.

It's just that these types of works do not seem to get the same type of treatment in regards to licensing (like you would for music), through the companies like I mentioned.

However, as you advised, I will contact a Copyright Atty. Maybe he/she can direct me.

Phree
 
Okay,

I'm not a lawyer, so don't trust my advice :)

Anyway, here's how I think it works -

You need to file a mechanical license to copyright the actual recording of the spoken word - that means that no one can use the recording of the words in any project without your permission. The mechanical license does not cover the actual words, though (just like a mechanical doesn't cover the actual music on a "music" CD just the recording of the music.)

To cover the actual poetry/spoken word on the CD you need to get another type of copyright license so people don't use them. You should talk to a publisher about what kind of copyright that is, or a copyright lawyer. But you're looking at having to submit each piece for a separate copyright...

Anyway, that's how I understand it, you might need two separate copyrights, one for the actual recording, one for the content.
 
baniak,

Thanks for offering your advice!

You need to file a mechanical license to copyright the actual recording of the spoken word
Click to expand...

Ok, do you know who I'd file this with, even considering that one or more CDs may contain only my works?

To cover the actual poetry/spoken word on the CD you need to get another type of copyright license so people don't use them.
Click to expand...

Yes, you're right about this. My understanding is that I (or any person who's work I plan to use) need to have all works copywritten by the US Copyright Office. I believe form SR is the one we'd need to file (or form TX, or both).

I will take your advice on seeking additional help as well! Thanks again..

Phree
 
I'm also not a lawyer, but I have worked in copyrights.

A Mechanical license does NOT protect a sound recording. A mechanical license is issued by the publisher of a song (on behalf of themselves and the songwriters) and gives you permission to use a copyrighted song ON a sound recording. If you are not talking about songs, then a mechanical license would not apply.

It sounds like what you are doing is essentially making an Audio Book. Music copyright law doesn't apply. Contact the owner of the copyright of the poems (it will most likely be the original poet, or their estate). If all you can find is a publisher of their work, contact them and ask them for the contact info.

Depending on who the authors are, they could very well have already assigned the audio rights to their work to someone.

The answer to so many of these copyright questions is "Contact the copyright holder."

DCM
 
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