Song royalties?

[olrocknroller]

I was recently asked to post covers of popular (60's and 70's old, but popular to me) songs on my website, but a friend of mine in the recording industry cautioned me against it. According to him, just because a song is old does not mean someone out there does not hold a copyright on it, ergo, if you post it for public consumption, royalties are due. To me, the hassle of researching whether a song has rights reserved before I post it has squelched my urge to share!

Any thoughts on this?

olrocknroller

[olrocknroller]

I was recently asked to post covers of popular (60's and 70's old, but popular to me) songs on my website, but a friend of mine in the recording industry cautioned me against it. According to him, just because a song is old does not mean someone out there does not hold a copyright on it, ergo, if you post it for public consumption, royalties are due. To me, the hassle of researching whether a song has rights reserved before I post it has squelched my urge to share!

Any thoughts on this?

olrocknroller

Oops! This should be in "Music Related"...

olrocknroller

[dorkrockrecords]

If you want to record and publish a cover, you need to contact the Harry Fox Agency. For a song to be in the public domain it has to be old, at least 70 years old I think.

[olrocknroller]

Since I only want to post for fun...not profit, I object to having to pay for the privilege, hence I will satisfy myself by just rockin' in my garage!

Thanks for the info.

olrocknroller

[Sarah93003]

The duration of a copyright depends on when it was created. For works created prior to January 1, 1978 the have federal protection under the Copyright Act of 1909. Under this Act the duration of the first term was 28 years. During the last year of the first term it could be renewed for a second term of 28 years. Therefore the maximum allowable length of protection was 56 years. So, anything copyrighted before 1954 is now in the public domain.

The Copyright Act of 1976 provided that any works copyrighted after January 1, 1978 would have the following protection. Individual author, their lifetime plus 70 years. Joint authors, 70 years after the last surviving author. For works made for hire, anonymous and pseudonmous works the duration is 95 years from first publication or 120 years from creation, whichever is shorter.

To complicate matters, in the Sonny Bono Copyright Term Extension Act of 1998 a provision was added to allow, in the last 20 years of any term, a library or archives to make certain uses of copyrighted materials for preservation, scholarship, or research purposes, if those works are not commercially available.

With that being said, BMI and others employ web crawlers to determine if there are copyright infringement occurring. If they discover an infringement then they will ask the person(s) to stop infringing or to sign a license agreement.

My humble opinion, and I am NOT an attorney, is it is very unlikely that if you record yourself performing a copyrighted song, upload it to your site and do not charge for people to listen to it that anything will happen. It is far easier for the Copyright office to approach bars, restaurants, etc to discuss infringement.

There was a lengthy article written recently where a woman (agent) went door to door and explained to restaurants and bars that they were technically guilty of copyright infringement if they did not have a "license" to use the songs. The vast majority do not comply and it's not really enforced.

[olrocknroller]

Very informative. Thanks Sarah. I'm a compulsive do-gooder when it comes to the law, so would not like to tempt even the unlikely chance that I might infringe. I have written books, and have had them copyrighted, so feel obligated to support others who copyright their work...

olrocknroller

[Sarah93003]

I understand totally. In actuality, if you contacted BMI they would send you a contract where you would determine how much revenue you think you'd make from your website, which is zero. They would most likely approve your request regardless since you are attempting to operate ethically. I'd go for it if it were me.

[dorkrockrecords]

That's not correct, Sarah. ASCAP/BMI administer performance royalties (TV&radio airplay, restaurant jukeboxes, bar bands, etc), but recording and publishing covers is an issue of mechanical license, administered by the Harry Fox Agency.

[olrocknroller]

Excellent suggestion. Thanks!

olrocknroller

[Sarah93003]

Boy, this one sure gets complicated quickly.

From the Harry Fox Agency:

What does HFA do to earn its commission?
HFA services are as follows:
Mechanical Licensing:
The licensing of copyrighted musical compositions for use on commercial CD's, records, and tapes.

Digital Licensing:
The licensing of copyrighted musical compositions for use on the internet as permanent digital downloads, on demand streams and/or limited downloads by digital music services.


From ASCAP website:

What is a public performance?

A public performance is one that occurs either in a public place or any place where people gather (other than a small circle of a family or its social acquaintances.) A public performance is also one that is transmitted to the public; for example, radio or television broadcasts, music-on-hold, cable television, and by the internet. Generally, those who publicly perform music obtain permission from the owner of the music or his representative. However, there are a few limited exceptions, (called "exemptions") to this rule. Permission is not required for music played or sung as part of a worship service unless that service is transmitted beyond where it takes place (for example, a radio or television broadcast). Performances as part of face to face teaching activity at a non-profit educational institutions are also exempt.

We recommend that you contact your local ASCAP representative who can discuss your needs and how ASCAP can help you.


I would still contact BMI or ASCAP to see if this specific situation falls within their realm (as a public performance) and if there is a consequence. I still believe being above board and simply asking will result in a positive outcome. If your particular set of facts do not fit the definition of a public performance and they suggest a mechanical license then your choice is to go to HFA or to the publishers directly (which avoids HFA's processing fee) and somewhere in the process they will ask you how many copies you intend produce so that they can charge you 8.5 cents per copy.

This issue is intriguing in a way and I may persue it just to see where it leads.