FAQs
Answers to some frequently asked questions.
Copyright
Licenses
Permissions
Terms
An exclusive legal protection of intellectual property.
Although each country determines the copyright laws granted by their
governments, most are signatories to the Berne Convention (international
copyright treaty). The United States Library of Congress states on their
website, the copyright law provides protection to authors of original
works including musical, literary, dramatic, artistic and certain other
intellectual works. A copyright is granted for both published and
unpublished works.
The United States Copyright Act of 1976, Section 106,
grants the copyright owner the exclusive right to do or authorize others
to do the following:
- To reproduce the work in copies or phonorecords;
- To prepare derivative works based upon the work;
- To distribute copies or phonorecords of the work to
the public by sale or other transfer of ownership, or by rental, lease, or
lending;
- To perform the work publicly, in the case of
literary, musical, dramatic, and choreographic works, pantomimes, and motion
pictures
and other audiovisual works;
- To display the copyrighted work publicly, in the
case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial,
graphic, or sculptural works, including the individual images of a motion
picture or other audiovisual work;
- In the case of sound recordings, to perform the
work publicly by means of a digital audio transmission.
For more information on copyright law and to obtain
copyright forms, visit the U.S. Library of Congress
website at http://www.copyright.gov
Music publishers grant licenses or authorize others to issue the
following licenses:
A MECHANICAL license grants the right to reproduce and
distribute musical compositions on records or tapes and some digital
formats. In order to sell recordings by any means whether in a bricks and
mortar or online store or by internet downloads a license is needed. For
licenses please contact www.harryfox.com
for USA and for Canada www.cmrra.ca. Outside of the USA or Canada, please contact
info@loromusic.com.
SYNCHRONIZATION is a license to reproduce the musical
composition simultaneously with a visual image on film, tv, video,
commercials, and all audio visual productions. Synchronization (or synch)
matches music to the action in a visual media. The license issued by a
music publisher grants only the right to reproduce the musical
composition, not the recording. Only the master rights owner, usually a
record company, can issue a license to reproduce a recording. Please
contact us at info@loromusic.com.
PRINT is an agreement to reproduce the musical
composition in sheet music or books such as folios, band arrangements or
fakebooks for commercial sale at stores or online. For an agreement please
contact us at info@loromusic.com.
PERFORMING RIGHTS organizations license musical
compositions for non-dramatic uses also known as SMALL RIGHTS for live or
recorded public performances on radio, tv, concerts and other surveyed
media including the internet. All music publishers and songwriters are
members of only one performing rights society which represents them
throughout the world. In the USA, the societies are ASCAP www.ascap.com,
BMI www.bmi.com and SESAC www.sesac.com.
Outside of the USA, most
countries have a single society. For more information and to obtain
licenses, please see the websites of each of these organizations.
Licenses for GRAND RIGHTS can only be granted by the
copyright owner, usually the music publisher. These rights are for the
public performance of the musical composition in a dramatic work such as
for theater (Broadway, off-Broadway) or in a scripted show that has a plot
and scenery. To obtain a license please contact us at info@loromusic.com.
SAMPLES agreements for the
use of an original musical composition incorporated into a “new”
composition can only be granted by the copyright owner. To request a
sampling agreement contact us as info@loromusic.com.
For permission to use a recording, please contact the owner of the master
which is usually the record company.
Mechanical: www.harryfox.com for USA and for Canada
www.cmrra.ca
Synchronization: info@loromusic.com
Print: info@loromusic.com
Performing (small rights): www.ascap.com,
www.bmi.com or for more
information info@loromusic.com
Grand Rights or Theatrical: info@loromusic.com
Foreign :info@loromusic.com
Master: record company or other owner of the recording
Samples: info@loromusic.com
Permissions: info@loromusic.com
No, you do not need permission to record an unaltered
copyrighted musical composition that has been previously recorded, however
you do need a license to publicly sell and distribute the recording.
Yes you do need permission. The copyright owner has the
exclusive right to authorize or deny a lyric for an existing copyright.
Contact info@loromusic.com. Please include the
title and composer of the original composition, your information (name,
address, phone number and email), a lyric sheet, recording if available,
and any additional information you can provide. If your lyric is accepted,
a lyricist agreement will be issued.
No, you do not need permission to write an arrangement
of a copyrighted composition, but you do need a license to sell and
distribute the work.
Performing rights organizations grant licenses to
television and radio stations, clubs, hotels, restaurants, stores and
other public venues for the right to perform music. Permission to perform
an unaltered copyrighted musical composition is usually not unnecessary,
but if in doubt, contact the performing rights society or copyright owner.
Requests from schools and non-profit organizations
(charities, non-profit arts organizations, etc.) asking permission to
photocopy music for live performances such as a regional or national band
contests, charity or other similar events should be submitted in writing
to the copyright owner.
A Most Favored Nations clause in an agreement or a
quote for a prospective agreement automatically entitles the copyright
owner to the highest rate or most favorable terms negotiated for that
product (such as in a folio or recording). This clause is a form of
protection to the contracting party. The term derives from treaties
between countries for the purpose of trade.
Sampling is a portion of an original musical
composition from a master recording incorporated into a “new”
composition and recording. Sampling requires agreements from both the
copyright owner of the musical composition and the master rights owner of
the recording.
A master is the recording from which copies are made by
the manufacturer. Only the owner of the master, usually the record
company, can grant the right to reproduce the recording in whole or in
part (i.e. sample).
Grand Rights are the use of a musical composition for the public performance in a dramatic work such as for theater
(Broadway, off-Broadway) or in a scripted show that has a plot and scenery
and permission can only be obtained from the owner of the copyright.
Performing rights organizations on behalf of the
copyright owners license “small rights” for live or recorded music on
radio, television, concerts, programmed music services, the internet and
all other surveyed media.
It is a sequential list of the music used in a film or
television show that includes the title, composer, publisher, timing and
usage (background, theme, feature, etc.). Cue sheets are usually provided
by the show’s producer to the performing rights societies or
synchronization licensee.
|
