Re: [linux-audio-user] Legalities

From: Brad Fuller <brad@email-addr-hidden>
Date: Sun Mar 11 2007 - 07:10:46 EET

david wrote:
> Bob van der Poel wrote:
>>
>> Anyone know much about the legalities of posting music recorded by
>> oneself, but written by someone else? I put up a few recordings on my
>> web site, mostly as a demo of MMA ... but I got to wondering the other
>> day if some nice lawyer is going to be knocking on my door? I'm not
>> too worried since I do live in Canada, and the server is <somewhere in
>> Europe>. But, still ... one has to wonder.
>>
>> In my case, I didn't write the music. But, I'm the "artist" (and
>> recording engineer, etc.). And, I'm not selling anything. And, they
>> are just demos.
>>
>> So, should I worry? Should I take them down?
>
> Assuming the original composition was NOT released under some kind of
> "free" license by the composer - you should get permission to
> perform/record the composition. You MIGHT be liable for royalties.

If they want, they can take you to court for infringement

> My church pays royalties each year or quarter, I forget which, for the
> songs we use in services.

Your church is paying royalties to a licensing company such as ASCAP/BMI
for those performances.

I think Bob's question has to do with several rights: the mechanical
rights since he recorded the song, the performance rights since he
performed on it, and I think there might be a duplication right for the
composition if it was done someplace else. But, beyond the rights, it
just sounds like Bob recorded someone's copyrighted song. And, maybe he
arranged it in a different way (and other question.) In general, if you
are offering copyrighted music to download from your site you'll need a
license to do so from the copyright holder(s).

brad

-- 
brad fuller
  http://www.Sonaural.com/
  +1 (408) 799-6124
Received on Sun Mar 11 08:15:04 2007

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