Re: Can a song be recorded by two or more different singers?

Date: Thu, 19 Jun 2003 08:06:43 +1000
Newsgroups: rec.music.makers.songwriting
Size: 2,083 bytes

> On 18 Jun 2003 17:34:08 GMT, email-address-deleted (Bumperfroggy)
> wrote:
>
> >The owner of the copyright (publisher) has the right of first refusal, meaning
> >they decide who they want to record the song first, usually the writer if not
> >also the publisher has a clause in his or hers contract with the publisher
> >allowing for first refusal. After it is recorded and released it becomes public
> >domain and anyone can record and release it, of course the publisher and writer
> >get the royalties.
>
>
My child like understanding of section 115 of the US copyright act is a little
different than those who
have had so much experience and success in the music industry. The Frogseye view so
to speak.
(1) A song does not become public domain after first release in the USA.
The public domain status of indigenous USA compositions can be a little complex in
some cases, but a discussion of that aspect of US copyright law is out side this
topic.
(2) After a song has been released to the public in the USA is becomes subject to a
compulsory license
unless it is a dramatical musical work.
(3) A compulsory license is a MECHANICAL LICENSE, you may not broadcast the work
install it in a juke box or any other public performance of the recording you can
think of.
(4) A lot of people think that you are required to go through Fox for compulsory
licensing. This is not correct, however it is probably cheaper and simpler, I have
not checked. You may do it yourself direct and you need to pay the license fee
within 30 days of distributing the recording.
(5) I think but am not sure that the duplications must be manufactured in the USA
(free trade:-))
A reference for the above is the following LOC site. You need Acrobat for this,
together with the above information the site has detail on self administering
compulsory licensing.
http://www.loc.gov/copyright/circs/circ73.pdf
Cheers
Gary
-- --semper sume remedium casum--
http://www.soundclick.com/bands/garyyeomans.htm
http://www.mp3.com.au/artist.asp?id=11367
http://members.optusnet.com.au/snabbu/home.html