law regarding using classical music at DVinfo.net

Andrew Todd · May 26th, 2006, 04:30 PM

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.

May 26th, 2006, 04:30 PM	#1
Andrew Todd 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

May 26th, 2006, 04:44 PM	#2
K. Forman 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

May 26th, 2006, 07:29 PM	#3
Boyd Ostroff Wrangler Join Date: Dec 2002 Location: Mays Landing, NJ Posts: 11,787	In addition to the recording company, orchestra and individual artists, the publisher of the musical scores may have some rights as well.

May 26th, 2006, 08:17 PM	#4
Paul Tauger 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.

June 6th, 2006, 01:36 PM	#5
Steve Siegel Major Player Join Date: Nov 2001 Location: Albuquerque, New Mexico, USA Posts: 839	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.