Re: Legalities

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Brad Fuller wrote:
david wrote:
Bob van der Poel wrote:

Anyone know much about the legalities of posting music recorded by oneself, but written by someone else? I put up a few recordings on my web site, mostly as a demo of MMA ... but I got to wondering the other day if some nice lawyer is going to be knocking on my door? I'm not too worried since I do live in Canada, and the server is <somewhere in Europe>. But, still ... one has to wonder.

In my case, I didn't write the music. But, I'm the "artist" (and recording engineer, etc.). And, I'm not selling anything. And, they are just demos.

So, should I worry? Should I take them down?

Assuming the original composition was NOT released under some kind of "free" license by the composer - you should get permission to perform/record the composition. You MIGHT be liable for royalties.

If they want, they can take you to court for infringement

Yup.

My church pays royalties each year or quarter, I forget which, for the songs we use in services.

Your church is paying royalties to a licensing company such as ASCAP/BMI for those performances.

CCLI - the biggie in the Contemporary Christian music biz, I guess.

I think Bob's question has to do with several rights: the mechanical rights since he recorded the song, the performance rights since he performed on it, and I think there might be a duplication right for the composition if it was done someplace else. But, beyond the rights, it just sounds like Bob recorded someone's copyrighted song. And, maybe he arranged it in a different way (and other question.) In general, if you are offering copyrighted music to download from your site you'll need a license to do so from the copyright holder(s).

I think a good suggestion would be to contact an attorney that handles these kinds of issues.

--
David
gnome@xxxxxxxxxxxxx
authenticity, honesty, community

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