Hi all, I dont often post on the site but am a regular reader, anyway I have a query.
I play the kn7000 for a hobby and have been asked to play at a nursing home for their summer fete.
I suggested that I could record a few CD'S of my work which they could sell towards their funds.
I play music from the shows, Andrew Lloyd Webber etc.
I have now been told I will not be able to sell my CD'S because of copyright laws.
Can anyone give me advice please

That's correct. If there is to be any commercial gain, you have to pay the fees. Any commercial recording studio can give you the information you need, and package your recordings for you. It's not that expensive and you're protected. Now, commercial gain can also be storefront music to draw in customers. Ya gotta pay the piper!

I always give away my recordings, so there is no profit or money changing hands. However, it someone wishes to donate money to a charitable organization in exchange for the cd, I won't complain.

There is some very good advice available here : http://www.prs.co.uk/ and here : http://www.copyrightservice.co.uk/

I believe you would be technically breaching copyright, even if you gave your CDs away!

Another thing that is often overlooked but only rarely enforced, is the Performing Rights Society (PRS) issue. When you perform music at a public venue, the organiser or proprietor of the venue, should be registered with and licensed by the PRS, for the public performance of music. Furthermore, the person or persons performing the music, is responsible for submitting a written list, of the music played during their performance, to the 'licensee', who should possess suitable PRS forms. The list should contain the titles of the individual songs/tunes played, together with the Composer's name if known and possibly arranger and Copyright holder if known. If you are playing from written arrangements, then this information is relatively easy to find. However, busking an entire performance makes it a bit difficult
When I had my own band, in the 12 years we were together, I was only asked a handful of times, to complete one of these forms!

Technically, the PRS issue even applies to playing recorded music in a doctor's waiting room!!


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Willum

Willum, you are technically correct but few abide by the laws, even though you can get your butt fined seriously and jail time if caught. I played for years in bands and performed in New York and San Francisco and never ran into signing anything and I seriously doubt that the club owners ever paid a dime towards copyright laws. Gee, don't tell Walt Tanay this - he sells "professionally arranged songs" on eBay. Look out, Walt, you might end up in the slammer. When I put out my CD album in 1997, I had to pay Harry Fox Agency a pretty good sum of money for 13 of the 16 songs I put out. Three of the songs were written by me so there was no fee involved on them. According to copyright laws in America, you can be fined $10,000, and get 10 years in jail - not to be taken lightly. I doubt seriously that giving your CDs away constitutes any wrongdoing for there is no money involved.

Scott

Hi,

Not a problem for us (Walt Tenay Keyboard Studios) Play Like A Pro Series are all Legit, registered by the original artist with the appropriate licensing fees paid.

Scott you shouldn't make an assumption just because were selling on Ebay. You should have read the complete listing.

However we are all going to jail if you play professional, use midi seq, Technics sequencing your own arrangement of any copyright songs that you play and have not paid your "dues" Big Brother is watching you.

I haven't given this much thought for fifty years, since this is rarely enforced.

For the original question, if your giving your cd away, I dont think you have much to worry about.

In reality all the members of this forum (me too at some time or another) that pass around midi songs, Technics sequences, copies of music, styles are all in violation of copyright laws.

Bread and Water served Wednesday and Fridays

First Come First Served.

Walt

Regarding 'Giving your CDs away' I would think Number 2. below would apply.....However, as has been stated above, it is highly unlikely that you would ever be subject to any action

Extract from UK Copyright Laws :
Restricted acts.

It is an offence to perform any of the following acts without the consent of the copyright owner:

1.Copy the work.

2.Rent, lend or issue copies of the work to the public.

3.Perform, broadcast or show the work in public.

4. Adapt the work.



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Willum

Regarding the "copyright owner" I thought that copyrights became public property after they run out in 17 years.

Is this correct?

Larry Gosmeyer

Larry,

Not unless copyright laws have changed over the years. In America, one who copyrights a song is good for 28 years and then it has to be copyrighted again or it becomes public domain. Actually, there are many songs that fall into the category of public domain and is the reason why many artists perform them on recordings, thus, no royalty fees. With thousands of songs available on the Net FREE, I don't think "Big Brother" gives a damn, Walt. It boils down to pick and choose with the system for making examples of violators. I think it would boil down to a songwriter making a complaint of hearing an illegal recording of his/her song before anything would take place. Sooooooooooooo, what's it all mean - let's go on sharing our ideas and songs and telling the prosecutors to kiss off.

Scott

Extract from UK Copyright Service :
"How long does copyright last?
This will depend on the work and nationality, but typically the work will be protected for either, 70 years from the death of the author, or if published 70 years from the date of first publication.

Does the nationality of the author matter?
Under the terms of the Berne Convention, authors are automatically protected internationally, they may also enjoy additional rights as granted under national laws.

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Willum

If the government tried to put everyone in the slammer or on trial for playing music under copywrite protection, they would have to round up every small band in the country, including solo performers, and that would clog up the court systems for years. How many small clubs or bars would have to close for lack of entertainment? It would be a bigger mess than trying to ship out every illegal immigrant. I would suppose not every Elvis impersonator gets permission to use his personna. Still, what's right is right, and I guess if you're going to make money from performing, maybe you should hire someone to keep an eye out for the revenueers!