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-   -   law regarding using classical music (https://www.dvinfo.net/forum/taking-care-business/68250-law-regarding-using-classical-music.html)

Andrew Todd May 26th, 2006 04:30 PM

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?

K. Forman May 26th, 2006 04:44 PM

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.

Boyd Ostroff May 26th, 2006 07:29 PM

In addition to the recording company, orchestra and individual artists, the publisher of the musical scores may have some rights as well.

Paul Tauger May 26th, 2006 08:17 PM

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.

Steve Siegel June 6th, 2006 01:36 PM

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.

Paul Tauger June 6th, 2006 03:37 PM

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.


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