[HANASHIR:1540] Re: Your Rights and Your Music

[MARS <regnadk...>]

Adrian--

Your summary of the rights of copyright owners is generally accurate, and
we need to be mindful of those rights in distributing musical compositions.
I hope my friends on this list are aware, however, that they don't need to
be
nervous about performing musical works at Temple -- there is a specific
exemption in the copyright law for performance of a musical work in the
course of religious services at a place of worship or other religious
assembly (and my legal copy of Steve's songbook just arrived today from Tara
Publications, so I can teach the now renowned Ein Keiloheinu at a Friday
night service sometime soon!)

Rob Weissman


-----Original Message-----
From: Adrian A. Durlester <durleste (at) home(dot)com>
To: hanashir (at) shamash(dot)org <hanashir (at) shamash(dot)org>
Date: Wednesday, October 21, 1998 11:21 PM
Subject: [HANASHIR:1520] Your Rights and Your Music


>A correction to what Raquel said:
>
>We DO have the legal means to control any of the following rights that come
>as part of the copyright-
>
>The copyright owner has the EXCLUSIVE right to:
>reproduce the work
>distribute copies of the work
>perform the work publicly
>make a derivative work
>
>And, unfortunately, you don't get the right to force others to teach and
>your work the way you want it.
>
>HOWEVER-once your work is recorded and distributed, anyone else in the
world
>who wants to use it on a record then has a "compulsory license." You CANNOT
>refuse them the right to use it on their recording.. (And, BTW, the latest
>version of the copyright law also includes "digital distribution" as a
>compulsory license. No one can legally copy and use your audio clip from
the
>web-but they can record your song themselves!)And there are set rates for
>the compulsory license-you will get a royalty- the larger of $0.0695 or
>$0.013 per minute of playing time)
>
>So, you can control how your work is used...theoretically.
>
>The reality, however, is far different. And in the folk and liturgical
>arena, darned near impossible (and, to some degree, antithetical to the
>whole idea of folk music and liturgical music.
>
>For a great discussion of this and other relevant issues, might I recommend
>the musician's bible:
>
>"All You Need to Know About  the Music Business" by Donald S. Passman
>
>to which I must give due credit for basic content of the summary above.
>
>Adrian
>------------------------------------------------------------------------
>Adrian A. Durlester  -  durleste (at) home(dot)com
>http://members.home.net/durleste/
>Student, Vanderbilt University Divinity School
>Music Director, Congregation Micah, Nashville, TN
>Home phone (615) 646-9788
>Nextel cel-phone (615) 207-2661
>You can page me from http://www.nextel.com
>List-Owner for hanashir (at) shamash(dot)org; Co-Owner for L-Torah (at) 
>shamash(dot)org
>http://uahc.org/hanashir
>Editor, Bim Bam (for Torah Aura Productions)
>Evening Program Chair, CAJE 23 - San Antonio TX, Aug 9-13, 1998
>http://www.caje.org
>Alternate Email: aad (at) iname(dot)com  adriand (at) aol(dot)com
>
>
>