December 14, 2010 at 4:01 pm #272878
Christopher McCaffertyParticipantHello, All.
A question on Copyright info:
We’re getting ready to release our first CD, and due to technical issues (databasing problems) on a Copyright Holder/Publishers end, we *JUST* got the Copyright info they’d like on the CD after several weeks of phone calls, and emails. The problem is:
The Copyright Info for this -1- song is 3 lines (not counting title), and 100 characters long, and the Copyright info for the other song is 3(not counting title) lines and 70+ characters long. In comparison, the longest Copyright from another publisher is 1 Line (not counting title), and 30 characters.
Our options would be to literally add another page to the insert, or to remove the information of all the soloist on the entire recording to make room.
Any suggestions or ideas what our exact legal requirements are? Bit frustrating 1 day before print.
ChrisDecember 14, 2010 at 7:24 pm #272906
John HowellParticipantChris: Frustrating, I know. That’s why people advise starting to get your permissions LONG in advance, although if you went through the Harry Fox Agency it should have been easy as pie.You’ve probably seen the best answer on CDs: Print up a sticker and find a place to add it to the booklet, without covering up anything important. It’s hand work, but if your permission requires you to use a particular form of acknowledgement, you really DO have to do exactly that.All the best,JohnDecember 15, 2010 at 11:16 am #272980
Adam BeekenParticipantIf there are no requirements on font size, I would make their information as small a possible.December 15, 2010 at 4:19 pm #273023
Allen H SimonParticipantI wrote to the author privately, but I’ll repeat my answer here: the publisher is required by law to grant the compulsory license for recordings (once you submit the proper paperwork and pay the statutory fee), and doesn’t have any legal leverage to put conditions on it such as dictating what the acknowledgment looks like. (As far as I can tell, no copyright notice or acknowledgment is legally required on the recording itself.) Nor can they require you to go through Harry Fox.I advised Christopher to provide a brief acknowledgment matching the others.December 15, 2010 at 8:35 pm #273049
John HowellParticipantAllen: I wonder whether we might be concatenating two different things here. There’s permission to record, which indeed is mandatory (once the first recording has been made), and which is most easily handled through Harry Fox. But there might be some other permission involved here, which Chris didn’t make clear. For some reason they were waiting for permission from the PUBLISHER.Or I might be misreading the whole thing, and confusing it with permission to arrange, which may indeed include a required format for listing the copyright information as part of the permission. For a recording, of course, permission to arrange is inherent in the license to record.I don’t think we have enough information.All the best,JohnDecember 15, 2010 at 10:14 pm #273063
Dan GawthropParticipantJohn & Allen,I see the confusion but I read this as referring to a copyright notice about the printed music from which the recording was made, not to that for the recording itself. If I’m reading this correctly, this is a courtesy acknowledgment and there is no requirement in law for any format or, indeed, for any such notice at all. Such notices are often shown with the listing information, along with individual track durations. My policy here at Dunstan House is to ask for a simple one-line “©2010 by Dunstan House. Used by permission.” and I’m grateful when the recording company can comply. However, it doesn’t always happen and when it doesn’t I don’t worry about it.Dan GawthropDecember 16, 2010 at 5:00 pm #273141
Christopher McCaffertyParticipantHi All,I was indeed talking about the copyright info for the CD liner, not the recording itself. Licensing was taken care of. Thank you for all your help!The publisher doesn’t use Harry Fox, and was having database issues with the songs we were licesning. By the time they finally got us processed and got the information to us (it took a -while-) it was the day before the printer went to press, and no time to fit in their extensive copyright info.We wound up putting, “(C) Year, Company X Used by permission. Perhaps on the re-release (Ah, pipe dreams about high sales. grin) we’ll change it.PS – put a sampler of the CD up on Facebook if you’d like to listen to it: http://www.facebook.com/illumniMensChoraleHappy December,ChrisChristopher J McCaffertyArtistic Director, Illumni Men’s Chorale206 659 5894
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