paulears Posted May 2, 2014 Share Posted May 2, 2014 70 years from the composer's death becomes open house on the composition. PRS are then not involved. However, if the original composition has been re-arranged and incorporates new material, then this could initiate licensing to cover the new material. This sometimes happens when 'old' orchestral works are segued together, and perhaps a linking section has been added, in the style of the original composer to get from work A to B. For the unwary - quite tricky. The other thing of course is that PPL will be looking after the interests of the record company and the people involved in the recording, so recording a piece of Bach, is a half and half process. The composer's rights have terminated - dead far too long ago, but the rights of the recording are protected, so PPL may be interested. Using a recording from long ago (with the tone, clicks and hiss) of that era will be fine. Using a re-recording won't be. Copyright is very tricky to establish unless you have all the details. Link to comment Share on other sites More sharing options...
Ynot Posted May 2, 2014 Share Posted May 2, 2014 Copyright is very tricky to establish unless you have all the details.Which is why, in very many small-scale organisations and events, the proper licensing of music is missed, either due to ignorance (most likely) or by looking at the hoops to be jumped and 'chancing' it that no-one will be listening. It isn't right, but the very fact that it IS so complex will turn quite a lot of people into 'criminals' by circumstance. Link to comment Share on other sites More sharing options...
ImagineerTom Posted May 2, 2014 Share Posted May 2, 2014 Our creative arm is a member of FACT & some other similar organisations - there's quite a debate raging behind the scenes at the moment about "copyright" in the digital age and why the permissions and licensing processes are so complicated and draconian; as has been pointed out it's now very easy to accidentally breech all the rules and it's almost impossible to "easily" do things properly resulting in lots of stress, lots of upset and less revenue coming in. There's already changes afoot and over the next few years I think it's safe to say there's going to be a fundamental change as to how "rights" and "licensing" of just about all copywritten works are handled simply because the current mechanism isn't working. Link to comment Share on other sites More sharing options...
dbuckley Posted May 2, 2014 Share Posted May 2, 2014 Got a show on the horizon where an actress on a couple of entrances comes in wearing iPod and earphones, and is apparently singing along to what she is listening too. Just a few seconds a time and just a coupe of times. That means I'll need to get the APRA paperwork done, hope we get permission to use the songs as listed, and pay the minimum fee of about $60 NZD for a licence. I don't begrude composers their due, but the the composers will get about half a buck each of that $60 for use of their works... Link to comment Share on other sites More sharing options...
Junior8 Posted May 2, 2014 Share Posted May 2, 2014 A random fact I discovered the other day the music for "you wouldn't steal a car" - the FACT anti piracy bits on dvd's was stolen http://www.abc.net.a.../29/3678851.htm And the whole visual concept was based, at least in part, on Len Lye too... Interesting to see the regularity with which film schools 're-discover' him. Link to comment Share on other sites More sharing options...
Ynot Posted May 2, 2014 Share Posted May 2, 2014 Got a show on the horizon where an actress on a couple of entrances comes in wearing iPod and earphones, and is apparently singing along to what she is listening too. Just a few seconds a time and just a coupe of times.I was under the impression that a) as you're only 'using' a few seconds that would fall outside of the copyright responsibility and b) as you're not using the actual music track broadcast to the audience, merely just singing along, that would also fall outside of the rules... Have you had it confirmed by the Powers That Be..?? Link to comment Share on other sites More sharing options...
the kid Posted May 2, 2014 Share Posted May 2, 2014 +1 on that, I Was under the impression that it is anything under 10 seconds or 5 seconds and you get it for "free", I vaguely recall depending on who depends on how much you can get. Link to comment Share on other sites More sharing options...
Shez Posted May 2, 2014 Share Posted May 2, 2014 It's my understanding that the 3 / 5 / 10 second rule is a myth. Link to comment Share on other sites More sharing options...
themadhippy Posted May 2, 2014 Share Posted May 2, 2014 MR Buckley dosnt have to follow the uk rules though,he has the new zealand set of hoops to jump through Link to comment Share on other sites More sharing options...
dbuckley Posted May 2, 2014 Share Posted May 2, 2014 I was under the impression that a) as you're only 'using' a few seconds that would fall outside of the copyright responsibility... There are a number of exceptions that relieve one from copyright liability, but "short exerpt" isn't one of them, to the best of my knowledge. For music used in a dramatic context, the paperword requires the duration of the work, and the total length of the show, and (for most works!) the royalties due are calculated as a percentage of the show length. This is then applied as a multiplier to the sho gate income to determine the total royalties due. So a few seconds of one track in a two hour show is the lowest band, and so the royalty due is almost nothing. But, the minimum invoice value is about $60... b) as you're not using the actual music track broadcast to the audience, merely just singing along, that would also fall outside of the rules...Definitely not. As Tom noted above, there are a number of types of royalty payments. It is true that we wont need to pay what used to be called the mechanical copyright fees, as we are not reproducing someone's playing of a work, but we will be performing the work (the lyrics and the melody), so the songwriters royalties remain due. Link to comment Share on other sites More sharing options...
paulears Posted May 2, 2014 Share Posted May 2, 2014 I used the start of the Rubettes Sugar Bably Love - just the beginning wail, and can confirm that that few seconds will indeed be charged for. There's already changes afoot and over the next few years I think it's safe to say there's going to be a fundamental change as to how "rights" and "licensing" of just about all copywritten works are handled simply because the current mechanism isn't working. I'm a member of PRS and PPL, and must have missed this. I think stakeholders might want a bit of discussion before the Government tinker. Link to comment Share on other sites More sharing options...
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