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):

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.

 

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