[HANASHIR:15834] In re to recording projects

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

        Periodically the subject of recording projects comes up. One 
of the related questions concerns copyright permission and other 
topics.  With the permission of Hinshaw Music (not a publisher of 
Jewish music, although they did publish a "Holocaust Cantata" by 
Donald McCullough which has had many performances), I have been given 
permission to reproduce an article which appeared in their recent 
newsletter. Note the requirements of the publisher to reproduce the 
article.  For your own information, please copy this statement which 
is an accurate reflection of the legal aspects of making recordings.

A CD RECORDING PROJECT CHECKLIST, by Rob Monath, Corporate Counsel, 
Hinshaw Music, Inc.  Reprinted by permission  of Hinshaw Music, Inc., 
copyright 2003, All rights reserved.

        "We thought it might be helpful for those of you with 
recording projects to have a checklist for clearance considerations. 
The following is not intended to substitute for the advice of an 
attorney with respect to your specific CD project. With this caveat, 
we offer the following:
1. Mechanical licenses. You will need to obtain mechanical licenses 
either through the Harry Fox Agency, online, or directly from the 
publisher, for all copyrighted musical selections. You should also 
verify that each selection has been previously released as a 
commercial recording. First recording rights allow copyright owners 
to control the first recording of a musical composition to be 
released, and you will need to obtain special permission to do a 
first recording.
2.  Performing Artist Releases. Performers technically own the 
copyright in their performances unless and until they assign their 
rights to another entity such as a choir, soloist or ensemble via a 
performing artist release. This is probably the most overlooked 
component of recording clearance. Performing artist releases also 
include a right to use the name, likeness and biography of performers 
in connection with the CD.
3.  Outside contributions. It is common for choirs or ensembles to 
employ the services of third parties such as instrumentalist, 
soloists, sound engineers and producers in creating a recording for 
commercial release.  Agreements and releases should be in place 
specifying that the choir, soloist or ensemble retains ownership of 
all master recordings. Special issues arise with respect to union 
musicians and performers. Their participation may preclude a blanket 
release of all rights in the recording to the choir, soloist or 
ensemble.
4.  Funding. If funding is received for the recording from a third 
party, it is important to clarify ownership of the final master 
recordings in writing. Unless an outside funding source pays a 
premium, it is typically appropriate for the choir, soloist or 
ensemble to retain ownership with the acknowledgement of the funding 
source in the CD credits.
5.  Copyright notice. The special form of copyright notice for sound 
recordings is a symbol (the letter P in a circle) combined with the 
year of publication and the name of the owner of the copyright. For 
additional protection, particularly after public release, a sound 
recording owner may wish to register the copyright with the US 
Copyright Office by using Form SR and paying the applicable 
registration fee.
        Following these steps can avoid headaches down the road."

        I hope this statement will assist those planning to make a CD 
for any commercial purpose. Does this mean that you have to observe 
all of these requirements if you are only making a tape or CD of some 
of your own original musical creations strictly for your friends and 
are giving away the CDs or tapes without any expectation of payment? 
Just remember that, technically, the tape or CD has copyright 
potential, and, if someone misuses your creation, you might have a 
problem in the future.  With all due respect to our expectations of 
honesty and goodwill, please recall the old Yiddish advice, which 
(translated)  reminds you to "respect people as if they were rabbis, 
and trust them as if they were thieves".
                Burton Zipser, Dir., intl. Archive of Jewish Music