2013/02/11 11:31:36
batsbrew
depends on the song.

i had to pay harry fox for my cover of 'bad moon rising' on my first album.

the easiest way to avoid this entire issue, is to not submit any covers.

2013/02/11 12:56:39
AT
Mike,

no, there isn't really a time limit.  It is the Mickey Mouse rule.  disney has enough clout that copyright is good going back to 1922 or something - the year Walt made the first Mickey Mouse.  They keep bumping up the time going back to that date.  That is for here in the US.  

Anything older is "traditional" and is free and clear, as long as you don't use a specific band's versions of an old song, such as a verse they wrote and included w/ the song.  This applies to written work, too, and all intellectual property.

It is best to get copywrite.  I know that Harry Fox will get you mechanical rights for about $90 for a 1000 copies of most songs.  My wife got clearance for PJ Harvey's "This is Love"  for the same.  Don't know what Australian rates are, but the US has tried to come in line w/ the rest of the world.

@
2013/02/11 13:23:06
Guitarhacker
Yes there is a time limit.  Songs have copyright from creation to a specific date when they all eventually enter public domain. Songs written before 1923 are PD and you can use them license free. 

People tend to get caught on Christmas music since we "assume" it's PD.... but many classic songs are still under copyright. Most... but not all, church hymns are also in that PD category. You gotta check. All "modern music" is protected.... so use proper discretion when recording them. 

  • Works created between 1923 and 1964 are protected for 28 years. Copyright holders can renew copyrights for an additional 67 years, but, if they don't renew, copyright protection lasts for only 28 years.
  • Works created between 1964 and 1977 are copyright protected for 28 years, but the 67-year renewal is automatic, for a total of 95 years of copyright protection. The earliest works under this category are in the public domain starting in 2059.
  • Works created after January 1, 1978, are protected for the life of the creator plus 70 years.
anything in the public domain, you are free to record without license. You can still copyright your rendition/version/arrangement,  but not the song itself.  If in doubt, check with  the Harry Fox agency. 




2013/02/11 13:26:12
SongCraft
Australians >>> Go to APRA-AMCOS >>> Music Consumers 

Last I knew it cost me about: $20 Per-Year but that was a long time ago and was for mostly performance and one-off recording use only. If they (Clients) plan to record, and sell?, the licence will probably cost more.  


Nowadays (some minor changes since I last checked) you must have purchased (either download or CD) and allowed to record a copy for private use only (no licence required). That said; however, a licence is required if; intend to use for business (reproduction) and the client plans to sell CD's (regardless of amount of sales) OR upload on music sites and especially have it available for sale or download 'other than to share with family' (for private use only).  Anyway, visit Apra-Amcos (see link)! 
2013/02/11 13:35:52
SongCraft
Duplicate Error - Deleted

2013/02/11 13:57:38
Guitarhacker


Just so you know. What you do about it is your business.

Harry Fox on copyright>>>  http://www.harryfox.com/p...aMechanicalLicense.jsp


HFA on streaming content >>>>>  http://www.harryfox.com/p...DigitalLicenseslic.jsp  









2013/02/11 17:53:02
webbs hill studio
thanks for all the info folks-certainly enough to make an informed decision.
cheers

ps-who owns the copyright to the 12 bar blues in E and who owns the line "woke up this morning..........") 
hopefully they are both out of date!
tony
2013/02/11 22:04:25
SongCraft
webbs hill studio


thanks for all the info folks-certainly enough to make an informed decision.
cheers

ps-who owns the copyright to the 12 bar blues in E and who owns the line "woke up this morning..........") 
hopefully they are both out of date!
tony
Please correct me if I'm wrong: 


AFAIK Will Handy is considered the father of blues. --- Blues (it's old; going back to the 1800's) and E (key) being the most popular used, that said; its most likely public domain however, lyrics (especially written in more recent times) are likely to be copyrighted. 

Back in the 1970's I use to play a lot of blues when I was a kid, great stuff to get a band warmed up and just jamming out (improvising), it's a great way for a band to losen up (relax) and learn how to improvise. 


2013/02/12 00:03:46
AT
You copyright melodies, not rhythms.  So nobody "owns"  basic blues licks or progressions.  Mechanical copies, yes.

"woke up this morning" and what.  I'm sure the Doors would have something to say about adding "got myself a beer."  Etc. Etc.  It is nigh impossible to copyright phrases or anything real short.  sentences, maybe.  PP, for sure.

@
2013/02/12 08:12:23
Guitarhacker
The only thing copyrightable is the melody and the lyrics (for the most part) there are a few exceptions but generally speaking, you can not copyright chord progressions, the groove or feel of the song, the rhythm,   short common language phrases or titles to the song.

Everybody uses the 1/4/5 blues/rock prog, and how many hit songs have been named "Heartbreaker"?

What constitutes a non-copyrightable short phrase vs one that is copyrightable?  That, my friend, is up to a jury of your peers, should it come to that. Same thing with a melody.... obviously some note patterns will be repeated from one song to the next....

Men At Work lost a lawsuit on 5 notes. A jury thought it was a rip of the kookaburra song in the melody of the song Men At Work Land down under.

Sir Paul lost on 3 notes .... My Sweet Lord

Yet, Lady A has not been sued for Need You Now as a rip on Eye In the Sky by Alan Parsons.

Go figure.

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