Mechanical License (vs 'Fair Use')

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SH
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2008/05/19 10:55:41 (permalink)

Mechanical License (vs 'Fair Use')

I just got a contract to record all concerts for one year for a school.

The director is concerned about copyrights and wants me to obtain all required mechanical licenses (he will pay for).
All sales of the DVD's I make (video too) will only be to students and parents.

1) If a work is in the public domain but students are recording a recent arrangement, is a license required from the arranger?
2) Since this is for archival and personal use only (probably only 20-30 copies made for student performers), does that affect the licensing requirments? (ie., the school will not profit from these sales but I will).
3) Are licensing fees usually negotiable?

Thanks.
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    The Maillard Reaction
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    RE: Mechanical License (vs 'Fair Use') 2008/05/19 16:03:54 (permalink)

    1) yes
    2) no
    3) sometimes
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    Fog
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    RE: Mechanical License (vs 'Fair Use') 2008/05/23 19:20:49 (permalink)
    pretty much what mike_mccue said

    depends on the music really.. elgar isn't gonna chase you for royalties

    it varies from country to country with some things. even things like licensing you can get offered a "buy out fee" which is a total one of payment, my friend does music for TV the odd time, and he doesn't get a royalty every time it's played.

    before club dj's didn't have to submit their play list when DJ'ing.. now they do... it's a bit of a nightmare esp With Drum n Bass, since a lot of the stuff is on "dub plate " (given to a DJ months before it's available) . The producer wants the DJ to play it out so people are quick to buy it when it's eventually released.
    #3
    SH
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    RE: Mechanical License (vs 'Fair Use') 2008/05/24 09:10:46 (permalink)
    I'm not sure if this gig will turn out.
    I've already recorded both choral concerts, ~ 16 short songs, each. Assuming about 13 each or 26 licenses required, that could be over $1,000 (assuming $40, the same as a previous license I got). That would probably be too much for a school to pay (on top of my fees) to make 40 CD's. I wonder how many school music directors, (or music department chairman in this case) would simply make the CDs, give them to the students as 'souvenirs' and keep quiet?
    post edited by SH - 2008/05/24 09:13:33
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