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Post by ReelSplatter on Sept 30, 2005 2:56:19 GMT -5
I am a bit confused as to what is considered "Public Domain" music...As far as I know it is music that has an expired copyright and is therefore available to the public free of charge...is this correct? If so does anyone know of where I could find a selection of public domain music? Also, if I were use a local band's music what sort of legal documentation would I need to fill out in order to be able to sell/enter the film into competetions without being sued? Any help is greatly appreciated!
thanks
-mike
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Post by George Willson on Oct 1, 2005 17:20:35 GMT -5
What I know about this is that music is copyrighted for 50 years after the death of the person who wrote it. Now this doesn't mean you can run down to the music store and get a disc of Beethoven to play as incidental music, because the expired copyright extends to the music ONLY. The PERFORMANCE you purchase is also copyrighted, or protected however that works anyway. What you can do with out of copyright music is record it without owing any royalties to the composer (because they've been dead for 50 years+).
The same thing extends to pretty much anything that can be copyrighted. If you want to adapt a book and the author has been dead for 50+ years, then the book is public domain and adaptable without royalty obligation. Ditto for everything else where you would owe a royalty to a writer for something.
Disclaimer: Not a lawyer. Don't claim to be one. yadda-yadda-yadda. Just been writing for quite a while.
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Post by ReelSplatter on Oct 4, 2005 0:35:00 GMT -5
Thanks for the info! So technically if I could play the Moonlight Sonota on the piano, I could use it it without being sued? And would you happen to know if I would need music release forms for uncopyrighted music?
-thanks again
mike
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Post by George Willson on Oct 4, 2005 9:55:10 GMT -5
Yes. Moonlight Sonata is waaaaay out of copyright since Beethoven's been dead for quite a while, so the using the music is completely legal. If you play it yourself, you don't owe anyone anything. And there wouldn't be anyone who could sue you. I guess Beethoven might have some heirs who can trace their lineage back to him, only only the people at the fmaily reunion's care. His music completely up for grabs just as anyone else's is who has been dead for 50+ years.
As for uncopyrighted, if you're referring to unpublished or unregistered new music, I would definitely have some sort of release, since under copyright law, a work of any kind is copyrighted and property of the author as soon as it is complete. The registration of such a copyright offers legal proof of a date of completion (or at least registration). If you're dealing with unregistered work, then such a release would give you and that composer proof of ownership and use.
If, on the other hand, you're using uncopyrighted to refer to public domain, then there is no one to sign the release from since no one owns the music anymore. That's the heart of public domain: no owner. No owner means no release means no one to sue if they don't like the music in your movie. The only obligation one has with public domain music is the performance. You owe the performers for their work in performing the piece, but owe no one for writing it.
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Post by ReelSplatter on Oct 4, 2005 11:16:09 GMT -5
Thank you very much for all your help!
thanks
-mike
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Post by George Willson on Oct 4, 2005 15:17:33 GMT -5
No problem. I guess you brought me out of the shadows from lurker status.
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