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Old 07-03-2006, 06:58 AM   #7
Klondike Waldo
Holy smoking keyboard!
 
Join Date: Jun 2002
Location: Braintree MA USA
Posts: 8,495
Default Re: Recording Band Competitions Copyright protection concerns.

Is it realluy an issue of whether the recordingindutry wioll come after you or not, or is it an issue of what's right and fair? (And it is a right we're talking about- copyright is the right to control copying of intellectual property- it's not copywrite or copywright.) It sounds to me that some of us are taking the position, "well, since we're only cheating a little bit, we'll probably fly under the lawyers' RADAR." If you want to record someone else's creation, or copy it to distribute it, why not contact the author to ask permission? It could well be that the author would be thrilled that you want to perform the work, (I suspect most piping composers would be OK with that) but is it really our place to decide that for the author? Most piping composers are not listed with BMI, ASCAP or any of the other performance rights groups, so you're right in thinking that there's little or no chance on being sued for unauthorized use. It's just right, and couteous to either purchase teh music (rather than copy it) and ask permission form the author before you record it.

FWIW, last time I checked songwriters royalties were set by statute at $.06 per song per record. That's the maximum royalty, not the minimum. typically, the record companies negotiate less than the statutory royalty, so realistically we're looking at maybe 3-4 cents per copy. Not much at all for a small market like bagpiping records. it would take a huge amount of recordigs to support an annual wage. So, to sum up, it's not a major economic issue, but one of fairness and respect.
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