[HANASHIR:14895] Re: Cd's

[Adrian Durlester <adrian...>]

I reiterate my previous comments--for a better understanding of copyright
law from, respectively,  a legal and Jewish perspective, please visit these
web sites:

 http://www.cmpamusic.org/html/main.isx?sub=5

http://www.jlaw.com/Articles/copyright1.html

Let's understand the facts of what we're talking about.

Yes-performances of any copyrighted song does require permission (except for
the fair use exemption for liturgical works performed in liturgical
settings.)

Generally, this is arranged for NOT by the performer who wishes to perform
the music, but by the owner of the venue where the performance is to take
place. Clubs, theaters, etc. get licenses from ASCAP and BMI to cover these
performance rights. 

Be aware that camps that are members of the ACA, (America Camping
Association, and I believe UAHC camps are members, are party to an agreement
with ASCAP that licenses the performance of ASCAP registered music.


See:

http://www.acacamps.org/media/ascappr.htm

I have spoken with several lawyers who specialize in arts copyright issues,
and they have told me that  camp "song sessions, which aren't really
"performances" are a bit of a grey area. They don't really fall under the
category of liturgical services (unless they are an actual worship service)
but they could be thought of as "educational." How and whether fair use can
be applied to these activities is questionable.

B'vracha,

Adrian





-----Original Message-----
From: owner-hanashir (at) shamash(dot)org [mailto:owner-hanashir (at) 
shamash(dot)org] On
Behalf Of Joy Newman
Sent: Thursday, July 17, 2003 11:28 PM
To: hanashir (at) shamash(dot)org
Subject: [HANASHIR:14894] Re: Cd's


Hello:

I have a question.  I have no idea how this situation would occur, EXCEPT 
for recording.  Almost all of my music is either from chordsters or 
songbooks, and the few songs that aren't were passed down to me by previous 
song leaders.  By definition, the songs in chordsters/songbooks are to be 
shared.  How are you getting your hands on music that wasn't designed to be 
sung in public, for example, at a camp?

I'm really interested in this whole recording at camp thing.  I think it's 
an awesome idea, and a great opportunity to expose the kids to a once in a 
lifetime experience.  I'm definitely going to look into it for next summer.

Which is why when I was following this discussion and got so confused, I 
just had to ask.

Beth - what exactly did you mean?  When/where/how would this type of 
situation even occur, whereby someone would need to ask your permission to 
use your song?

Thanks!!!

~smile always~
-Joy Newman
Rochester, NY


>From: NBudin (at) aol(dot)com
>Reply-To: hanashir (at) shamash(dot)org
>To: hanashir (at) shamash(dot)org
>Subject: [HANASHIR:14893] Re: Cd's
>Date: Thu, 17 Jul 2003 22:10:41 EDT
>
>Beth Hamon wrote: I am flattered when someone wants to introduce one of
>my songs at camp but they still ought to ASK me.
>
>Ask you if they can play one of your songs? Do you ask every other 
>songwriter whose work you use if you can play their songs? Do you 
>contact Pete Seeger if
>you use "Turn, Turn, Turn" for a Tu B'shevat seder? Or Peter Yarrow to use
>"Light One Candle" at Chanukah? Do you think song leaders ought to call 
>Peter
>when they use "Puff the Magic Dragon" at camp, or Joni Mitchell if they 
>sing
>"Circle Game" (as I just did today at camp -- sing it, not call Joni)? What

>about
>the Klepper or Steinberg "Shalom Rav?"
>
>I don't think you can reasonably expect people to call you and ask when 
>they want to use one of your songs in a camp, service or performance 
>situation. My
>feeling is that when you record and/or publish the music to a song, it's 
>"out
>there," and you have very little control over it. It has a life of it's own

>--
>if you're lucky. I WANT people playing and singing my songs. It's the best
>feeling for me as a songwriter, recording artist, and as somebody who wants

>to
>reach Jewish people and inspire them to do Jewish things when somebody 
>tells me
>that they've used one of my songs at (insert one: a service, a wedding, a
>bar/bat mitzvah, camp, in concert). One of the song leaders on this list 
>just
>emailed me and told me that one of my songs is the "camp hit" this summer. 
>That's
>so cool.
>
>I'm just an old folk musician at heart.
>
>RECORDING, on the other hand, is an entirely different issue. While I
>generally give people my permission to record my songs and, in this 
>market, don't worry too much about the compensation, as songwriters and 
>recording artists who
>make a living (or part of a living) doing this, our songs are protected and
>copyrighted for a reason. One may not record another's work, especially for
>profit, without at least asking permission and, when appropriate, working 
>out the
>legal arrangements for monetary compensation. And burning someone's CD, 
>even to
>give to another person, is wrong. But that's probably another discussion.
>
>My songs are my babies. I cling to them for a while, but then I push
>them
>out
>of the nest and let them fly. Some of them are still clinging to the
>branches. But some of them are soaring farther than I ever imagined.
>
>Noah Budin

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