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The rules affecting free use of recorded music in the United States has undergone several revolutions in the last twenty years. From the outset, broadcasters have enjoyed favorable treatment and that tradition of prudent regulation continues to benefit both rights holders and the public interest.
But for independent producers, profitability often hinges on finding more value from TV programs beyond mere broadcast. Distribution to cable outlets or videotape sales may be in fact the only profitable outlets. When it comes to making money from the utilization of music, rights holders have first call on profits. And in some cases can prohibit its use entirely.
In my experiences, I have had communications with major studios reguarding use of visual materials. Improper use of visual material could potentially greatly reduce its public perceived value or otherwise affect current or future contracts for its use; prevention of damage is everything. But I have never once received the honor of a reply from any major music recording label concerning granting permissions for use of recorded material. The reason for this is both practical and insidious. While 'damage' to a recording is most unlikely, especially one that is out-of-print, should you be so silly as to use a phonorecord protected source (notice the little "circle p" on the CD) in a project for profit (say even a wedding video) you will be charged a statutory damage assesment that could be several thousand dollars. Record companies prefer to settle rights issues on an after-the-fact basis only.
Virtually every recording made for sale since February 1972 has the distiction of being so protected. Special made "production music" is an alternative that offers pre-approved permissions, just make sure that the grant license is inclusive of ALL the possible distribution channels. Years ago another source was foreign copyright recordings that did not require permission for use in the United States. However, the United States has joined the world community and foreign recordings, even if produced prior to February 1972 now have their copyrights observed due to trade agreements.
Without a doubt, using public domain recordings is the best and safest method to secure inexpensive music. A recording, in its produced or "published" format, made for use in the United States prior to February 1972 is public domain. Unpublished works, such as studio master tapes and similar work material is not; that is how a 1955 symphony performance can be made into a "new issue" fully protected CD.
We believe that R-VCR has the best available library of such recordings. While it is possible to occasionally find 25-40 year old LPs at garage sales and public libraries, face it, reproduction quality is going to be very poor. This is a prudent investment because it is forever rights free, for any purpose.
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