[Harp-L] Clarification

["Walter Joyce" <wtjoyce45@xxxxxxxxxxx>]

Here is a brief clarification.

A copyright means that you have the right to control any copies made of your 
work.

So for the songwriter who files the copyright, anyone who makes a copy or 
performs the work or uses a recording of the work owes the songwriter 
royalties, or needs to get a license from the artist or the entity that 
holds the copyright. This is NOT a performance copyright at issue here, it 
is the songwriters copyright usually submitted as a sound recording (SR) 
copyright.

A performance copyright is a right to be compensated for copying the 
PERFORMANCE itself, so film of a dance, or the recording of a musical 
performance in a video or audio format is what is generally at issue. As I 
said before, for recorded music this is usually resolved by a work for hire 
agreement.

As for playing a copyrighted work live, that depends on the setting. IIRC 
the venue owner is supposed to have arrangements with ASCAP et al, that 
covers jukebox songs and cover bands. How often this happens in reality is a 
good question to explore. I am not certain as to who owes whom if  the 
performer is the one who is putting on the show as I have never dealt with 
the issue nor read about it in the literature.

You wouldn't pay anyone directly, ASCAP, or the songwriter's union in 
question, is responsible for collecting the royalties and distributing it to 
their members. The publishing company who holds the copyright then 
distributes it to the proper parties.

One last aside, there is no copyright protection in general that extends 
more than 75 years beyond the life of the copyright holder or a maximum of 
125 years, again, IIRC.

My apologies to list members who find the information I posted on this topic 
offensive. I won't be posting on the topic any further and will most likely 
not post any legal information in the future given the negative responses I 
have read relating to the post, the law in general and what is too often the 
ugly stereotype associated with lawyers.

This post is not legal advice and is written without research and may 
contain errors. It is not to be relied upon for making decisions in your 
artistic endeavors and the legal consequences thereof. If you have a 
copyright issue or are contemplating filing for copyright protection, you 
need to contact an attorney licensed in your state. The material in this 
post is offered for entertainment purposes only.

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