Question About Licensing & Copyright

smartabletonuser · Post by **smartabletonuser** » Sun Jun 24, 2007 9:13 pm

djsynchro wrote:In most countries only if you are employed does copyright and inventions (for patents) belong to your employer. If you do a free-lance job, like you did, the copyright & publishing rights still belong to you. If they want to make further use of it you they need your permission you can negotiate a "repeat fee" or whatever. Don't go all greedy and loose a clien though.

Good luck.

That's what I thought. I guess I'll get a licensing contract together for this one thing. Anyone have any good ones laying around?

I wonder how much it would cost to get a lawyer to do it.

hacktheplanet · Post by **hacktheplanet** » Mon Jun 25, 2007 2:06 am

www.copyright.gov

If I were you, I'd file copyrights for every piece of music I write for these projects. If you don't file copyrights for your music, and your employer has it, they have the ability to copyright it themselves, preventing you from obtaining any further proceeds from it, or from using it in the future. So you have two options:

1. Sell the copyright to your employer for a price described in a contract
2. License your copyright to your employer via a "Synchronization License." (DJ Synchro license)

The first one is easiest. All it takes is a check for $45 and a stamp. Then contact an entertainment lawyer or your local ASCAP board and make sure the deal is good.

The second one might be a bit more complicated, and not as desirable depending on what exactly is happening with this project. Each time your song is synchronized with their animation, they will be required to pay you a royalty, which will be defined in the contract.

Either way, I'd recommend contacting an entertainment lawyer if you're worried about a relatively large amount of money. If it's $1,000 flat, used in an advertisement a few times, no big deal. But if it's radio bumper music to be played frequently and possibly licensed to other companies, go with royalties.

smartabletonuser · Post by **smartabletonuser** » Mon Jul 09, 2007 2:03 pm

in a follow up to this topic, i just found this from wikipedia:

"music workstations like the Korg Electribe Series (EM-1, ES-1; EMX-1 and the ESX-1) have used the "Amen" kick, hi hat and snare in their sound wave libraries for free use. Companies like Korg have managed to use these samples for pitch, attack and decay and DSP effects to each drum part."

full version here: http://en.wikipedia.org/wiki/Sampling_(music)#Samplers

This puts things into a whole new perspective doesn't it?

TrierMusic · Post by **TrierMusic** » Mon Jul 09, 2007 6:44 pm

Does it? How? =) The Amen break became a staple just because whoever recorded it didn't feel like pursuing lawsuits, as I understand it.

I'd say if they're enthusiastic about it, I'd take the bull by the horn now and set out your terms - and make it seem like you're doing them a favor, "Hey, I don't want any lawyers to get involved later but you never know with this sort of thing...here's some terms based on what we discussed...just sign on the dotted line."

if they're so happy hopefully they'll be inclined to cooperate!

Never thought about what happens if they copyright their work before you copyright you rmusic...

dj superflat · Post by **dj superflat** » Mon Jul 09, 2007 7:15 pm

if you want the real answer to your question, talk to a lawyer ("work for hire" doctrine, anyone?). but there's the practical side of all this -- are they going to pursue you if you do something else with the music? what's this other thing you might do with the music? would they even notice? just saying, don't ignore the practical side of the question.

sbyrd · Post by **sbyrd** » Mon Jul 09, 2007 8:23 pm

what i usually do is give 6 months - 1 year limited usage (limited to that specific job). then they must renew after that for a certain amount depending on project. on invoice make sure you print that you retain all copywrite/publishing rights.

you dont need to get a lawyer involved.

dj superflat · Post by **dj superflat** » Mon Jul 09, 2007 10:30 pm

yeah, you don't need a lawyer, musicians handling things themselves has worked out so well there's no reason to worry about signing away all your rights, etc. isn't like every musician before 1970 a precautionary tale about not thinking you've got it covered? if you care, get a pro to handle it, just like you would mastering or something else you don't have the expertise to cover. this should be obvious.

Atomikat · Post by **Atomikat** » Tue Jul 10, 2007 12:52 am

jez3122 wrote:for example if i were to buy the rights to a beatles track, i would atleast need Paul Mc'cartny's signature....surely?

Nope...you have to pay the fee to Michael Jackson...he (she?

) owns The Beatles' songs now.