law regarding using classical music at DVinfo.net

Go Back   DV Info Net > And Now, For Something Completely Different... > Taking Care of Business

Taking Care of Business
The pen and paper aspects of DV -- put it in writing!


Reply
 
Thread Tools Search this Thread
Old May 26th, 2006, 05:30 PM   #1
Major Player
 
Join Date: Oct 2005
Location: Saint John, CANADA
Posts: 633
law regarding using classical music

classical music? who owns the rights to it.. whatever symphony recorded it? can i use it here in canada for free since its so old?
__________________
video : xl2 / letus35xl / bogen 503
photo- canon 1dmkII - bronica etrsi
Andrew Todd is offline   Reply With Quote
Old May 26th, 2006, 05:44 PM   #2
Capt. Quirk
 
Join Date: Apr 2002
Location: Middle of the woods in Georgia
Posts: 3,596
There are indeed property rights to the recording itself. However, if you happen to know a symphonic orchestra, you could use most classical music. Again, you will want to search for any other rights that might bite you later.
__________________
www.SmokeWagonLeather.us
K. Forman is offline   Reply With Quote
Old May 26th, 2006, 08:29 PM   #3
Wrangler
 
Join Date: Dec 2002
Location: Mays Landing, NJ
Posts: 11,543
In addition to the recording company, orchestra and individual artists, the publisher of the musical scores may have some rights as well.
Boyd Ostroff is online now   Reply With Quote
Old May 26th, 2006, 09:17 PM   #4
Wrangler
 
Join Date: Sep 2002
Location: Los Angeles (recently from San Francisco)
Posts: 954
There is a copyright in the recording that belongs to whomever made it. There can also be copyright in the arrangement. Unless they are also composers, musicians have no rights in a musical recording.
Paul Tauger is offline   Reply With Quote
Old June 6th, 2006, 02:36 PM   #5
Major Player
 
Join Date: Nov 2001
Location: Miami, Florida
Posts: 811
I'm not a lawyer, but I think this is correct. If the composer has been dead for 75 years, and if the family or other agency has not purposely extended the rights, then the sheet music is fair use. Even a newer "arrangement" would be fair use, as the arrangement is only a derivative of the original, and has no rights.
Your problem is in the rights of the performers. Any performance recorded after 1923 is protected, and there is basically no way around it.
Steve Siegel is offline   Reply With Quote
Old June 6th, 2006, 04:37 PM   #6
Wrangler
 
Join Date: Sep 2002
Location: Los Angeles (recently from San Francisco)
Posts: 954
Quote:
Originally Posted by Steve Siegel
I'm not a lawyer, but I think this is correct. If the composer has been dead for 75 years, and if the family or other agency has not purposely extended the rights, then the sheet music is fair use. Even a newer "arrangement" would be fair use, as the arrangement is only a derivative of the original, and has no rights.
Your problem is in the rights of the performers. Any performance recorded after 1923 is protected, and there is basically no way around it.
Arrangements are protected separately as derivative works -- using them would result in copyright infringement.
Paul Tauger is offline   Reply
Reply

DV Info Net refers all where-to-buy and where-to-rent questions exclusively to these trusted full line dealers and rental houses...

Professional Video
(800) 833-4801
Portland, OR

B&H Photo Video
(866) 521-7381
New York, NY

Z.G.C.
(973) 335-4460
Mountain Lakes, NJ

Abel Cine Tech
(888) 700-4416
N.Y. NY & L.A. CA

Precision Camera
(800) 677-1023
Austin, TX

DV Info Net also encourages you to support local businesses and buy from an authorized dealer in your neighborhood.
  You are here: DV Info Net > And Now, For Something Completely Different... > Taking Care of Business

Thread Tools Search this Thread
Search this Thread:

Advanced Search

 



Google
 

All times are GMT -6. The time now is 11:43 AM.


DV Info Net -- Real Names, Real People, Real Info!
1998-2017 The Digital Video Information Network