copyright / permissions question

[flutey1]

Hi all,
I'm currently working on a multimedia website to serve as a guide to the history and development of Scottish music, as well as its current status (mentioned in an earlier thread). I would like to include clips of music to make it more interesting and illustrate various things. This is an entirely non-profit and academic endeavor. That said, can I use short clips from published recordings without getting express permission of the artist as long as I cite properly? Are there express rules governing this? I'd love to have permission from everyone, but some people don't answer email, or provide contact info, etc.

If you have any experience with these issues please let me know. Thanks!

Sara

[lesl]

Hi Sara,

I don't really know the answer, but have a bit of experience with the subject - for the books I do, getting permission or at least documenting any attempts is something I think is important as well as respectful. I looked at the Library of Congress site and saw some information about using material of theirs, they mentioned documenting attempts at contact for the hard to determine material (like if you aren't sure the composer is alive, etc.)

It's also an interesting journey to find contact information and hear from these wonderful people who you'd never otherwise "meet". All the folks I have contacted appreciate being thought of.

Also there's something to look at which I've seen called "fair use" which might apply to your situation, try googling that.

Likely other chiffers will have more specific understanding of this stuff than I do but.. I saw your post first

Good luck!

Lesl

[s1m0n]

US Copyright office factsheet on "Fair Use"

Fair Use entry on Wikipedia

I'd start with these sites. From where I stand, it seems likely that you're on solid ground, but you'll have to make your own investigation.

In many jurisdictions, before damages can be sought, a rightsholder has to send you a take down notice. If you take it down promptly, made it easy for anyone to contact you, and weren't offering it for sale or trade in the first place, rights holders will have difficulty suing for damages.

This is even more true if what you're doing is citing sections or portions of a whole work for critical or informative purposes.

But don't take my word; do the research yourself.

[djm]

If the music you cite is traditional, and you publish/post a recording of you playing the music yourself, there are no copyright issues. <hint><hint>

djm

[anniemcu]

You must get permission to use them. It's not difficult, and most performers/writers are willing to consider your questions. Make the effort.

[lesl]

...It's not difficult, and most performers/writers are willing to consider your questions. Make the effort.

I would start with looking up the bios of the people you need to find. Sort of study up about them, so you know who you are going to speak to. That actually helps. Try asking their record company, or someone who knows them, for contact info, or on a Scottish music board (for someone to send you the info off list). I would begin with something like your first 3 sentences of explanation that you put here.

[s1m0n]

You must get permission to use them. It's not difficult, and most performers/writers are willing to consider your questions. Make the effort.

If you are confident that the use you intend constitutes 'fair use', you're not required to obtain permission, although it's polite. Fair use is an absolute defense against being sued for infringing copyright; it marks ground where copyright doesn't apply.

[flutey1]

Thanks for the replies! I will try to get permission when possible (I was planning on doing that anyways). I've already tried contacting some people and just never heard back. I do think this falls under the category of fair use, and of course, if any performer sees the site and objects to their music being on it, I will happily remove that. The purpose of the site is to promote understanding of the music, not exploit it.

Sara

[anniemcu]

Thanks for the replies! I will try to get permission when possible (I was planning on doing that anyways). I've already tried contacting some people and just never heard back. I do think this falls under the category of fair use, and of course, if any performer sees the site and objects to their music being on it, I will happily remove that. The purpose of the site is to promote understanding of the music, not exploit it.

Sara

That doesn't always hold up though, especially if any of the protection racket groups are involved. They don't tend to believe in 'fair use', and they are usually the winners in any disputes.

Good luck with it. It sounds like a very worthy effort!

[Dameon]

Really, you shouldn't put up any music without getting the permission of the musician first. It's not just a matter of being on solid legal ground, it's just good manners.

[peeplj]

Really, you shouldn't put up any music without getting the permission of the musician first. It's not just a matter of being on solid legal ground, it's just good manners.

True as far as it goes, but you should note that the musician is only rarely the copyright holder.

--James

[Dameon]

The musician might not have the NOTES copyrighted, but a musician always holds copyright over his/her recording.

[flutey1]

from Aaron Jones of Old Blind Dogs: "we're more than happy to let you use non-downloadable sound clips but I think it would be a good idea for you to contact Compass Records just to check. Anything that appeared on a Green Linnet release (Fit?, World's Room, Gab O Mey, Play Live!) or Four on the Floor - they technically own the rights to...I know it's crazy that we don't own our own music!. I'm sure if you explain it's non-for-profit, educational and that the band is cool with you using it then I'm sure they'll be cool with that."

so they don't always own the copyright. sounds like it depends on the contract with the record label if they have one. I'm waiting to hear back from Compass Records.

Sara

[Dameon]

I should have been more specific, I guess. A musician always holds the copyright on their recording, unless they sign it away.

[peeplj]

I should have been more specific, I guess. A musician always holds the copyright on their recording, unless they sign it away.

Which, unfortunately, happens quite frequently.

It is very difficult to contract with a record label while retaining the rights to your own work.

--James