Re: Piano Roll Copyright Issues
By Marc Sachnoff
Jody:
I realize that my response is hardly timely, but I'm just catching up with old digests and wanted to add some info in regards to threads in the digest concerning copyright as it relates to music roll reproduction.
I'd like to make those interested in the subject aware of an excellent book. Written in laymans terms for musicians and composers by a business colleague, "Music Publishing: A Songwriter's Guide" by Randy Poe ( Writer's Digest Books 1990) provides both a succinct history of music publishing as well as up to date info on copyright law, etc. Randy administers the catalog of songs of writer/producers Jerry Lieber and Mike Stoller whose tunes include dozens of 1950s and 60s hits like "Jail House Rock."
Randy's book discusses the Aeolian company's attempt to corner the piano roll market by creating exclusive deals with Tin Pan Alley song publishers at the turn of the Century. Congress created the compulsory mechanical license to prevent Aeolian from developing this monopoply. This means that once a song is recorded by someone, it may then be recorded by anyone else as long as the copyright holder is compensated.
For a more contemporary analogy, Randy relates the story of the Lennon/McCartney tune (ok we now know its mostly McCartney) "Yesterday." This is one of the most recorded tunes in pop music history. Without the compulsory mechanical license, this tune would have only been available through Capitol records artists as Capitol at the time controlled the publishing. The license rule allowed anyone who liked the song to be able to record it on any label. Certainly Mr. McCartney and Mr. Lennon's estate profitted tremendously from the open market allowed by compulsory mechanical license.
In discussing the idea of reissuing piano rolls or MIDI versions of previously existing piano rolls, Randy expressed the following thoughts:
- A now defunct piano roll company can likely be assumed to have "abandoned"
any rights in the piano roll arrangement it issued if in fact that
arrangement was ever copyrighted.
- Anyone may issue a mechanical reproduction of an already reproduced
copyrighted song without permission of the copyright holder as long the
current compulsory mechanical (reproduction) rate of 6.95 cents per copy
(per song used) is paid to the copyright holder. The simplest method
for piano roll reissue on MIDI format would be to make payment as
mentioned by others in the digest through the Harry Fox Agency. A notice
of intent could be filed with the copyright holder or a direct negotiation
could be created, but for our purposes the vast majority of tunes likely
for reissue would be within the realm of Harry Fox and all commissions
are carried by the music publishers, making the service (though not the
license) virtually free.
- Obviously, those tunes not currently protected by copyright -- those in
the public domain -- can be reissued without problem.
It would appear that the conditions are not onerous for the reissue of music rolls on MIDI or other formats. Certainly, most of the previous piano roll reissues have been done in a marginally commercial manner without payment to legitimate copyright holders. That only works until a publisher with an itchy litigator gets wind of it.
Does anyone know how QRS pays its royalties?
Hope this helps.
-- Marc Sachnoff
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(Message sent Tue 30 Jan 1996, 21:43:32 GMT, from time zone GMT-0500.) |
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