Copyrights / Publishing Rights - A Basic Understanding

[Lee Cagle]

I found a good article on http://www.songwriter101.com about "fair use" of portions of copyrighted works.

It states that this is just an "urban legend". Could you explain fair use a little more?

"Fair use" is a term for a very narrow exception for copying copyrighted material. An example would be if you own a CD (you already bought it, paid for it), but you only have a tape player in your car. You can make a copy of the CD onto tape to play in your car. But the exceptions are very narrow and preclude "sharing" with someone who has not paid. No mixed tapes for your girlfriend!

There are a loooooooooooot of guilty people stepping over this line. I've ready some pretty scary stories lately about people posting songs on facebook or myspace and violating copyright laws. Is it a violation to copy a tabbed piece of music that is posted on an open web site???

Usually if the tab is on a site like everythingdulcimer, it is on there bcz the person who did it is giving permission for people to use it. I can't think of any reason someone would put it out there on a website and then say you can't use it.

[Joe Collins]

That is definitely a violation. I have the right to distribute my material for free, but someone else does not have that right without obtaining permission from me first.

I found a good article on http://www.songwriter101.com about "fair use" of portions of copyrighted works.

It states that this is just an "urban legend". Could you explain fair use a little more?

"Fair use" is a term for a very narrow exception for copying copyrighted material. An example would be if you own a CD (you already bought it, paid for it), but you only have a tape player in your car. You can make a copy of the CD onto tape to play in your car. But the exceptions are very narrow and preclude "sharing" with someone who has not paid. No mixed tapes for your girlfriend!

There are a loooooooooooot of guilty people stepping over this line. I've ready some pretty scary stories lately about people posting songs on facebook or myspace and violating copyright laws. Is it a violation to copy a tabbed piece of music that is posted on an open web site???

[MS Folk Music Society]

How long does a copyright last on a song?

[Lee Cagle]

"Fair use" is a term for a very narrow exception for copying copyrighted material. An example would be if you own a CD (you already bought it, paid for it), but you only have a tape player in your car. You can make a copy of the CD onto tape to play in your car. But the exceptions are very narrow and preclude "sharing" with someone who has not paid. No mixed tapes for your girlfriend!

Fair use extends a little further. If you hear a song that you like, you are free to learn it and sing it for your own enjoyment. You can work out tab for it and make your own arrangement. You can't record it, publish it (giving out free copies counts as publishing), perform it for other than gatherings of friends and family unless you get permission which usually entails paying the fees.

With respec to performing, the ASCAP and BMI expect the venue to cover that fee. I found that out in trying to get permission to perform a song but not record it. They simply didn't have a "performance only" category. They said I would have to rely on the venue of the performance to pay the fee.

[MS Folk Music Society]

Is there a benefit to starting your own music publishing company if you are a songwriter? If so what are the benefits?

[Lee Cagle]

There are a few narrow exceptions. I was giving just one example. The idea is to allow you to use what you have legally obtained to your best advantage.

Fair use extends a little further. If you hear a song that you like, you are free to learn it and sing it for your own enjoyment. You can work out tab for it and make your own arrangement. You can't record it, publish it (giving out free copies counts as publishing), perform it for other than gatherings of friends and family unless you get permission which usually entails paying the fees.[/quote]

[Joe Collins]

This is a really simple question with a really complicated answer. Copyright on a song now extends through the lifetime of the composer plus a certain number of years (that number has been changing a lot over the last couple of decades.) However, a family or someone else who owns the estate can request an extension on those years, so the range of length of copyright may very from 30 or 40 years to over 150, depending on how young the author was when she wrote it, how long she lived, and whether her family requested and was granted an extension.

How long does a copyright last on a song?

[Jeff Hames]

Well everyone this has been a GREAT forum and a good one to end on. For those that might not know I'm taking summer classes and have a pretty big load (5 classes!!!) and next semester will be just as full so sadly this will be the last forum of the year. Thanks everyone for all you have done to make this possible!!!!! If I see that next semester will allow me time in between school and work to do the forum I will. I’m off to do Math and English Literature so until then thanks again for all your support with this!!!!!

[Lee Cagle]

Well everyone this has been a GREAT forum and a good one to end on. For those that might not know I'm taking summer classes and have a pretty big load (5 classes!!!) and next semester will be just as full so sadly this will be the last forum of the year. Thanks everyone for all you have done to make this possible!!!!! If I see that next semester will allow me time in between school and work to do the forum I will. I’m off to do Math and English Literature so until then thanks again for all your support with this!!!!!

Thanks for all your hard work, Jeff! Good luck with school!

[Penny]

This is a subject that most of us non- professionals in the dulcimer world need more education on. Thank you for the information and for the web sites.

[Joe Collins]

Lee, I put free tab on my website, but I request on that website for people not to mass distribute that piece either on the Internet or by making copies. They are welcome to use them and make enough copies to use in dulcimer club meetings or to make enough copies for their accompanists, but I wish to retain the rights to distribute that piece. Many of the pieces I post eventually end up in books that I try to sell.

Usually if the tab is on a site like everythingdulcimer, it is on there bcz the person who did it is giving permission for people to use it. I can't think of any reason someone would put it out there on a website and then say you can't use it.

[Penny]

Thanks Jeff- Enjoy that Math Class. ( plus the 4 others) That's a huge load for summer.