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cayers
New Member
USA
4 Posts |
 Posted - 24/02/2008 : 1:31:46 PM
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Hello All,
I have a question re: the use of MIDI files for public performance. Does anyone know anything about the legalese for using files for public performance? For example, If I make arrangements on my keyboard of several popular songs for my organ, (say a medley of show tunes), how am I covered legally for folks such as ASCAP if they happen to walk up and ask about a license? Is there a special license for this type of use? I have not completed my organ yet, but this was an issue after reading other news articles about ASCAP in general. Thanks for shedding any light on this...
Chris A.
Chris Ayers,
Murfreesboro, TN
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Wallace Venable
Senior Member
USA
16 Posts |
Posted - 25/02/2008 : 1:41:48 PM
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The short answer is "Well, that all depends."
Assuming performance in the USA:
The copyright on music expires. At present the general rule of thumb is that music (or arrangements) published before 1928 is in the public domain. If you do arrangements from sheet music with an earlier copyright you should be safe.
After that you have to research the individual piece of music or use an agent to get some sort of performance or recording license. As I understand it these may be very broad, but can become expensive.
Of course if you are in Britain or China the laws differ, etc.
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aobg
Forum Administrator
United Kingdom
254 Posts |
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Wallace Venable
Senior Member
USA
16 Posts |
Posted - 26/02/2008 : 2:09:08 PM
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Chris Ayers is in Murfreesboro, Tennessee, so the guidance on MCPS-RPS-Alliance, while clear, does not apply.
ASCAP has a parallel website at:
http://www.ascap.com/licensing/about.html
While they describe license types, you have to contact them for details on specific licenses.
I have been in several conversations at COAA rallies at which the subject has been discussed.
1. No one I talked to had every been approached by an ASCAP or other representative. At least "out-in-the-boondocks" you are unlikely to be questioned if you only play occasionally.
2. Much band organ music is sooo-old that it is "public domain," and an ASCAP rep happening to hear you might assume that you do not owe royalties. ASCAP can only require payment for music owned by members, but might readily accept payment for other material.
3. A COAA member who wanted to be very sure he was on the right side of the law in recording a CD told us that he did use an agent to obtain a license. As I recall, he paid a fee based on the number of songs and number of CDs without specifically checking to see what actually required licensing. (If he was playing contemporary rolls of old tunes, an arranger's fee is appropriate.)
4. ASCAP fee income is distributed to ASCAP members in accordance with survey statistics. If you pay for playing a Strauss waltz, the income will be shared by Nashville musicians.
5. Some COAA members try to eliminate liability by only playing public domain works or original compositions. They assume that the producers of commercial rolls have worked out payment details with the arrangers.
6. COAA members playing pop or show music from the last 60 years or so SHOULD have ASCAP licenses. Rally organizers in the USA have not required them to show license documents.
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Wallace Venable
Senior Member
USA
16 Posts |
Posted - 26/02/2008 : 4:46:31 PM
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Ah Ha! ! !
I found something I had not seen before. If you read the ASCAP site information, it says they license businesses using music. It does not say anywhere that musicians need a license.
Licenses are primarily for premises and services, not for people and events.
As an individual performer (or ensemble member), it appears that ASCAP considers you to be an employee of a business, not a business in your own right.
If you stage a show, either using your own instrument or using others, you need a license. I'll bet there are a lot of fairs and festivals which skip that.
The site says there are hundreds of different types of business license. There is a long list on their site, but I note that busker is not listed !
Remember that ASCAP was created to increase musicians' income from business using their services, not to restrict performers.
Of course if you (as a musician) produce and distribute a CD, then you are doing so as a record producer, not as a performer. That would be a separate business category.
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WhistlePipes
Average Member
USA
11 Posts |
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Fowlerz7
Senior Member
United Kingdom
17 Posts |
Posted - 04/03/2009 : 3:45:02 PM
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| So where is the midi forum? |
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aobg
Forum Administrator
United Kingdom
254 Posts |
Posted - 04/03/2009 : 3:58:13 PM
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This is now the midi forum section James Long is moving posts into their relevant forums.
Sorry for any confusion.
Yours Phil Radford AOBG website & forums administrator. |
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James Long
James Long
USA
9 Posts |
Posted - 04/03/2009 : 5:20:44 PM
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Sorry,
I figured the midi files would be better served in the midi pipe organ area. I could be wrong, human and all.
Not sure if the post should have been moved, if Phil feels it was in error, by all means, replace it to the general forum. :-)
James L |
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MIDI Files