general discussion

tahoeartisan avatar
tahoeartisan says:
I have ( 37 ) 1930s RagTime / Swing Music and Vocals done by my deceased father in law with his Quartette.
All are favorites of that era.
What permissions or what is required ?

Posted on 31 Oct 2009 03:25

bennyjammin avatar
bennyjammin says:
Hello,
First, find out if these musical selections fall under the public domain.
A property release giving you permission to use the recordings would be required. I am assuming since you have these recordings in your possession that your wife inherited them. She could sign the property release for you.
Talent releases should be required for all involved. Your wife could sign on behalf of your deceased father in law. The members of his Quartette...if they are still alive, have them sign a talent release, if not, find any relatives willing to sign on their behalf.
Sounds like a lot of work but should prove to be worth it as it will make your musical selections more marketable.
I have follwed this "release method" not with music, but with old 8mm home movies. It has worked here at P5 and at other sites.

Posted on 4 Nov 2009 12:38

tahoeartisan avatar
tahoeartisan says:
MY Big questions is about the Original Music / Tune Composers. The Musicians and the Wives are gone ( deceased ) with exception of the leader Roy Misky. So I may be Ok at this point.
Now I need to wait for final POND5 approval... been on the waiting pending list for over a week,
Videos quick to review ... But music must be big now and large waiting time.

Posted on 4 Nov 2009 18:13

jason avatar
jason says:
I think you had better read the agreement you signed before you upload content you did not create.


Changed 5 Nov 2009 00:33 by jason ""
Changed 5 Nov 2009 00:34 by jason ""

Posted on 5 Nov 2009 00:15

tahoeartisan avatar
tahoeartisan says:
Jason:
I find many Music Clips currently on Pond5 that are by Famous or Popular "Composers" long deceased and or alive.
But Recomposed to Pond5 stats. Plus Sound Effects very similar to other web site.
I am not arguing ... But suggesting that Music by long deceased composers are to be allowed, if re composed music scores by recent entertainers. Especially when all the artists on my Music are deceased also.

Posted on 5 Nov 2009 00:32

jason avatar
jason says:
Read this:

"Sound recordings fall under a different set of rules.
Fixed sound recordings fall under a different set of rules from music and lyrics. What this means is that music and lyrics for a song recorded in 1963 may be in the public domain, if the copyright holder failed to renew the copyright, but a fixed recording of that music might still be protected. Therefore, you could conceivably make your own recording using the copyright-free music and lyrics, but you couldn’t use the protected recording of the same content.

Some sound recordings before 1972 may fall under state anti-piracy guidelines or other laws, but those laws vary from state to state. A series of federal copyright laws protect fixed sound recordings made before February 15, 1972, until February 15, 2067. Sound recordings after February 15, 1972, are protected to varying degrees at least until 2043. A majority of sound recordings are protected until 2048, or longer, depending on the individual circumstances."

Posted on 5 Nov 2009 00:37

tahoeartisan avatar
tahoeartisan says:
Thanx for the reply.... Can you lead me to the Agreement Content I am to read :)
I understand that I clicked that box... But like most web sites did not read due to the length.

Posted on 5 Nov 2009 00:38

jason avatar
jason says:
You can find it at the bottom of this page under trems and conditions and key on Contributor Agreement

Posted on 5 Nov 2009 00:42

tahoeartisan avatar
tahoeartisan says:
WoW:
I will need to mull that over for 24 hours :)
So... if I have signed releases for THE MUSIC, I will be OK ?
I have that from the Wife of The Roxy Quartette leader.
Appears I am OK ?

Posted on 5 Nov 2009 00:42

dnavarrojr avatar
dnavarrojr says:
Only P5 can answer that for you, although getting your own lawyer wouldn't hurt.

While you may have a valid release from the artists who performed, that doesn't mean the music they performed is saleable. I can sing a Madonna song for you and sign a release as the artist who performed, but Madonna still owns the copyright on the actual music and lyrics that I sung. So you need to make sure that the songs performed are public domain (music and lyrics). Fortunately, most "barbershop quartets" that I know of only use music that is public domain.

Posted on 5 Nov 2009 02:18

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