[HANASHIR:14904] In re to "permission"

[Burton A. Zipser <zipmusic...>]

Dear composers and performers:
        Since the subject of "permission" seems to continue to bother 
some of you, and irk some of you who think the existence of a song 
gives you certain options, please refrain from certain types of 
extreme "pilpul" (a word which describes the kind of discussions 
which are regarded as "hair-splitting" or, using the standard 
question, "how many angels can stand on the head of a pin?").
        In simple terms, no one is likely to sue you if you happen to 
sing a song in a camp "sing along" setting.  But, if you make a 
recording which the camp attendees take home as a memento (whether 
they buy the recording or receive it as an included part of their 
camp experience), and do not include information that you are using 
the song with the permission of whomever has the copyright, you can 
be the object of a lawsuit.
        The basic rule in using other people's material, whether 
printed, hand-written, sound recorded, etc. is to ask permission, 
and, if necessary, pay for the privilege of using someone else's 
creation.  You can do it directly by contacting the person.  If the 
item is published, contact the publisher.  If the words were created 
by a different person, then you also need to contact that person. 
Most song-leader composers usually do not mind, especially if asked 
in advance.  However, if the music has been published (which includes 
both printed and recorded versions) the composer or poet may not have 
the last word with regard to approval.
        If the music or words have been published, the current 
copyright owner may not be the same as the published name.  Finally, 
the copyright expiration date may include additional extensions of 
time past the death of the creator.  Any or all of the above could 
result in a lawsuit.
        Legal precedents include the Kinko's case (where a college 
professor created a course book of readings without getting 
permission) and on up to the current suits (with very expensive 
penalties) against people who have downloaded files from Internet 
sources.
        By the way, playing and recording may be legally interpreted 
as violations if done without permission. As an illustration, you may 
notice that very few marching bands, school or college, are ever 
heard on television during half-times any more.  The reason has to do 
with the fact that each band or the institution which sponsors the 
ensemble, is responsible for signing up with ASCAP, BMI, or SESAC 
(performing rights associations) to which an annual payment is made. 
Since most schools know nothing about that requirement, the TV and 
radio networks decided to save themselves headaches by not showing 
the half-time or pre-game shows (except for the National Anthem). 
However, you can bet that any band which is heard during one of the 
big bowl games has turned in approvals, and that applies to both 
original and arranged music.  Public domain music is not covered, but 
if one is using a modern arrangement of a public domain composition, 
then the requirement still applies.
        And, if the lawsuit is initiated during the lifetime of the 
copyright limitation, it could affect your estate and/or your heirs. 
To paraphrase the olde deoderant commercial, "use permission to be 
sure!"

        Burton Zipser, Director, International Archive of Jewish Music