Music Event Recording
Casey waltzed with
the strawberry blonde but the band played on.
While no policy can ever be expected to apply
in universal fashion these are our guidelines for your
consideration.
Concerning the public performances (including
rehersals):
- Performers
Permissions are obtained from the director, who is traditionally
accepted as the purveyor of rights and responsibilities for the
entire group, including soloists or featured artists. This is
to satisfy the state requirements concerning performer rights.
Except permissions are NOT obtained if the performance is strictly
public (parade/ park/ bandstand) and permission is inheirent
by the nature of voluntary public display. This is consistant
with the commercial photographers need for Model Release, except
it is for the sounds and not the images.
- Sync Non-public
domain music incorporated into video programs generally
require a sync license, most usually obtained through the Harry Fox Agency. This
fee applies primarily to works where copies are distributed
and is comparable to mechanical rights for phonorecords except
permission is not automatic and does not have copyright
office oversight. Sync rights are not generally applicable to
television/cable programs as broadcast. These signals
are effemeral in nature, therefore considered for legal perposes
to be the equivalent of a live performance even if played
from a tape master. Minimum sync rights are usually for multiples
of 500 copies. For this reason, we do not offer to sell videotapes
of concerts, or otherwise make non-broadcast distribution except
as documentation to the participants themselves.
- Performance
Non-public domain music performances (tape playback) for broadcast
(or other outlets) are licensed by ASCAP,
BMI and similar agencies as
preselected by the composer or publishing company. Some stations
have a blanket agreement, but if not, then be prepared to submit
information on music sources sufficient to determine which agency
gets the per use charge to be paid by the station. Broadcast
news is exempted from copyright permissions and so are concerts
when presented on cable access as the record of a factual community
event. The "event" exemption is conditional and is
lost for material that is repurposed in use (example- using the
music as a background element in a commercial announcement.)
In some cases "fair use" applies, so that the community
concert program could still have promotional announcements of
its air-time/date that contain snip-its from the show. We distribute
non-exempt video products containing copyright music, (including
"production"or "royalty free" sources) to
television stations with blanket licensing only. It can be universally
assumed that cable headends do not pay for blanket music licensing.
- Phonorecord
Record manufacturers cannot collect royalties from broadcast
airplay of otherwise protected phonorecords. For video
sales, rights for any music recording taken from a CD or similar
copyrighted phonorecord source is basically impossible to obtain.
Rip-off "music videos" can be made for broadcast purposes
only. The normal music video business is controlled by the record
companies who stand to gain (or lose) sales from the distribution
thereof. The purpose of covering a live event is somewhat defeated
if "canned" music is substituted, although this might
be done occasionally for choreographic effect.
- Plays, Dances, Choreographs, Visuals and
Such If the "event" itself
uses a pre-recorded music source, like background music to assist
a "live" singer or dancer, this could pose difficulty
concerning video distribution sales outside the event participants.
This has been especially troublesome in covering school pageants
and some publishers have been particularly aggressive in preventing
any commercial video distribution. However for cable access purpose
only, any item that was presented at the actual event does not
need permissions.
- Producers Irrespective
of the foregoing, videos are not released for distribution if
there is any perception that the producers may have failed to
obtain normal copyright permissions or exemptions for the event
as performed.
Community and school bands perform a lot of
old fashion music from the gay 1890's to the roaring twenties,
often from the original published music that is now public domain.
This music is fun to work with and still has a lot of public appeal.
Recording these events on a not-for-profit basis can provide some
decent source music material for later commercial and utilitarian
re-use.