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March 11, 2010

Copyrighting tracks with vocal samples

vocalist.jpgDear Rich: I would like to ask about pre-licensed sample packs. I purchased a CD with vocal samples, in the licensing agreement there was information that "You can use the sounds in any type of non commercial music production without permission." So I asked the producer of the samples if I can use them freely in commercial production and he agreed. When I finished the track I copyrighted it. But because the track has the vocal samples and they are quite popular if I release my track may I have a conflict with other producer as to "who came first?" You won't run into any disputes over the samples.Copyright law doesn't care who came first. All that matters is whether you copied somebody's work without permission. Keep in mind that if the only thing in common between your recording and someone else's is the fact that both of them use the same licensed samples, there is no infringement. You can both co-exist in sampled harmony.
The good and the bad. The great thing about licensed samples is that you have inexpensive access to great sounding audio clips. The downside is that anybody else can also purchase the same rights, and end up sounding like your tracks. (Just like anybody can license the same photo in their blog as the one we licensed from istockphoto.) By the way, if you register your new tracks, the Dear RIch Staff suggests that you state that you are not claiming rights to the samples (in section 4 of Form CO).   

Posted by Rich Stim | | Email This Post

Posted In: copyright , music

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March 5, 2010

Needs License for Watching the Detectives

Dear Rich: I want to use the melody (we will do the lyrics) of the 1977 Elvis Costello song Watching the Detectives in a promotional video. It is for a medical device company. Term is 9 months (this year). Do I need a sync license? Who is this sent to? (Costello is within the Universal Music Publishing Group). Wow, the Dear Rich Staff loves that song. Using it to promote medical devices is really thinking outside the box -- like way outside.  
Right, you had a question ... Yes, you need a sync license and you would need permission to modify the lyrics. You should speak with the publisher -- yes, it's Universal Music Publishing. Contact them at  2440 Sepulveda Blvd., Suite 100, Los Angeles, CA 90064 (310) 235-4700. If you run into a problem -- the typical one being that nobody takes your calls -- you may need to hire a clearance expert. You can read more about that stuff in our book. If you create your own version of the song and don't imitate the singing style of Elvis Costello -- imitating artists in ads leads to problems -- you will only need the permission of the publisher (or administrator).

Posted by Rich Stim | | Email This Post

Posted In: celebrities , copyright , licenses , lyrics , music , permission , right of privacy

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February 3, 2010

Band Wants to Share Profits But Maybe Not Losses

iStock_000006170746XSmall.jpgDear Rich: I formed a band with 3 other guys, and while they contribute in the form of some songwriting, pretty much everything else falls on me, from the bulk of songwriting, to paying for merchandise and CD pressings and most other expenses, down to owning pretty much the full backline of the band. This arrangement is fine with me, as I'm in a better financial situation to be able to do this than they are. The question I have is that I am trying to formulate a band agreement, because I wish to compensate them for their songwriting contributions as well as playing live shows, but at the same time I want to make sure I am able to recoup the money I have put into the project. I feel like a partnership is the type of business arrangement I would like to make, but the issue I see is in the equal sharing of profits and losses, because while sharing profits is fine, the rest of the band members are unable to share the losses. No problem, just structure the partnership agreement as you describe in your letter. Having a partnership doesn't mean that everything is shared equally--that's simply the default presumption unless the partners indicate otherwise. There are many ways you can structure it. For example, you probably want to make sure that expenses are deducted and repaid from all revenue before partners are paid income. The long-form partnership agreement in our Music Law book (insert FTC disclaimer here) provides for a deduction like this. You can get as specific as you'd like -- for example, half of show income goes to paying off band debts and the other half goes to members. Also, the Dear Rich Staff advises that before you sign the partnership agreement, you should document what you are contributing -- the equipment, previous debts, etc. If properly prepared, the partnership agreement should guarantee your ability to walk away from the band with the items you've contributed (or their equivalent value).

Posted by Rich Stim | | Email This Post

Posted In: music

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January 26, 2010

Need Rights to Music for Video

sinatra_wee_small_hours.jpgDear Rich: I am in need of a document but dont know exactly which agreement/form will serve my need. I have a video that needs music put to it and I have found a freelancer to do it. So I need a transfer of rights doc to get him to sign before he works on it so that we can copyright it under our name without ever running into a legal issue. Does a patent, copyright, trademark need to be registered by the original artist before an assignment can be signed? Sorry, we can't answer your question until we finish downloading this album. Amazon is/was offering it for $5.99!!! No video needed for this masterpiece.
Your Question. Right. If someone is commissioned to create a contribution for an audiovisual work (a movie, video, etc.) then that would qualify as a work made for hire under copyright law. And if you want to list your company as the "author," you'll have that option under the work made for hire arrangement. Our employer (insert FTC disclaimer here) sells books that include work made for hire agreements. You can probably fashion one yourself as long as you include the following provision:
Contractor agrees that, for consideration that is acknowledged, any works of authorship commissioned pursuant to this Agreement (the "Works") shall be considered works made for hire as that term is defined under U.S. copyright law. To the extent that any such Work created for Company by Contractor is not a work made for hire belonging to Company, Contractor hereby assigns and transfers to Company all rights Contractor has or may acquire to all such Works. Contractor agrees to sign and deliver to Company, either during or subsequent to the term of this Agreement, such other documents as Company considers desirable to evidence the assignment of copyright.
You'll also need to add some other stuff like an assurance that the material isn't taken from somewhere else, information about payment and other typical contract stuff. The agreement should be signed before the work is completed.
Do you need to register a patent, copyright or trademark before assigning it? Just to be clear, we're only talking about copyrights. No registration is required for the work made for hire agreement or for an assignment of copyright. A registration isn't necessary for assigning a trademark, either. You would need to have acquired a patent before assigning it since patents (unlike copyrights and trademarks) don't exist until the government says, 'Okay!' You can, however, assign a patent application or the underlying technology rights. That's enough blah blah blah for today, the Dear Rich Staff has got to go get melancholy with Frank.

Posted by Rich Stim | | Email This Post

Posted In: copyright , movies , music , transfers , video , work made for hire

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December 29, 2009

Recording a Lindsey Buckingham Song

lindsey buckinghamDear Rich: I have friends in a band in Norway and they want to release a song written by Lindsay Buckingham. They plan on releasing 1000 CDs and 500 vinyl singles. Does the label ask for permission or should the band? We think your friends should look at their recording contract (if they have one) to determine who has responsibility for paying for the rights. In the U.S., the label typically pays (and then charges it to the band somehow).
Rights Organizations. In the U.S., the band would have a fairly easy time sorting this out. They could either pay the compulsory license fees and follow the instructions issued by the Copyright Office. Or they could take the easier route of charging the fees to their credit card at the HFA site -- you just set up an account and tell them how many copies. HFA instructions note, however, that the license is only for recordings distributed in the U.S. In Norway, rights are commonly sorted by Kopinor, and your friends might want to check their website for assistance. Other European rights organizations are shown here.
Small Correction Dept. You spelled Mr. B's name as Lindsay; the hypervigilant Dear Rich Staff reports that it's actually the more common male variant, Lindsey (placing #834 among male names -- compared to #1211 for Lindsay). 

To find out more about music copyright law, see my book Music Law: How to Run Your Band's Business.

Posted by Rich Stim | | Email This Post

Posted In: copyright , licenses , music

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November 30, 2009

We Want to Name Our Band After a Movie Character

Thumbnail image for Snapz Pro XScreenSnapz005.jpgWe are wanting to name our band Denton Baxter. He was a character in the movie Open Range (photo, left). Would this be infringement? The short and long answer is that no, it's not an infringement and yes, you will be okay using Denton's name.
Bands do it all the time. There is a tradition of bands borrowing names of movie characters -- for example, Duran Duran (Barbarella), Thompson Twins (Adventures of Tin Tin), Mogwai (the mean little creatures in Gremlins), Wu-Tang Clan (Shaolin and Wu-Tang), Pussy Galore (Goldfinger), Travis (Paris, Texas), Klaatu (The Day the Earth Stood Still), Holly Golightly (Breakfast at Tiffany's) and our favorite, Cosmo Vitelli (Killing of a Chinese Bookie). And of course, bands often borrow the names of movies as their monikers (Bad Company, Killdozer, Babes in Toyland, 10,000 Maniacs, My Bloody Valentine, They Might Be Giants, and White Zombie). 
When to watch out. Of course, just because bands use movie-related names doesn't mean it's always legal or that you won't get hassled. In some cases -- for example, if you're borrowing the lead character's name in a movie series or franchise such as Harry Potter or Spiderman -- you may get a cease and desist letter. (Mattel unsuccessfully tried to stop the use of the Barbie's name in a risque pop song.) For bands picking names, the Dear Rich Staff recommends choosing lesser known characters or characters from non-current films and avoiding any additional references to the movie or images from the film in your album artwork or advertisements.

To learn more about the business of music, check out my book Music Law: How to Run Your Band's Business.

Posted by Rich Stim | | Email This Post

Posted In: movies , music , trademarks

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November 25, 2009

Non Profit Mix CD

Thumbnail image for iStock_000001409183XSmall.jpgDear Rich: I have put together a playlist of others' songs that speak to an issue I am partial to. I would like to sell CDs of this playlist to raise funds for one or both of two organizations that work on this issue (child welfare / foster care). One of the organizations is an official non-profit, the other is the local government department that handles child welfare issues. I've read your posts regarding a variety of uses of others' music, but none to raise funds for non-profits. The licensing rules are the same for profit and non-profit causes. If you're reproducing someone else's songs on your CD, you will need a mechanical license from the Harry Fox Agency (pretty easy to get) and you will need a license from the owner of the sound recording (harder to obtain because you have to get it directly from the record company or via a music clearance agent). The Dear Rich Staff notes that you may be able to get away with selling your CD without permission but if any of the copyright owners find out about it, they can go after you and they may even go after the nonprofit if it's named as the charitable cause. In other words if you're infringing and want to take the risk for yourself, that's fine. But if you're naming a charitable cause on the CD (a more appealing copyright defendant) beware that you could be causing that agency to lose, not gain money. 

Posted by Rich Stim | | Email This Post

Posted In: music , permission

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October 19, 2009

Roller Derby Blues: Do Jammers Need BMI License?

iStock_000005773107XSmall.jpgDear Rich:I'm a member of a small roller derby team that contracts with a local roller derby rink for 3 or 4 games a year. In our contract with the rink, it says that we will split the proceeds 50/50 (each game grosses about $2,000 in total), and that the rink is responsible for providing a DJ and music during pregame and halftime. The rink has an ASCAP & BMI license. Does the roller derby team need one too? The short answer to your question is no, the rink's license is probably sufficient. Generally, a venue's performance license -- which permits public performances of copyrighted music -- will cover all the traditional activities within the venue. (Here's a story about one roller skating fan's quest for similar information.) However, like all things legal, there are a few exceptions. If the rink signed limited licenses with these performing rights societies and those licenses only cover certain events or uses, your league could run into a problem and may need to pay additional license fees. (Here's a roller derby posting on this issue.) That's not likely, but ask the rink if it is limited to certain uses or whether the license covers all music played there. In any case, we hate to see you reach for your checkbook if your agreement states that the rink will provide and pay for the music. (We assume the agreement is silent as to your BMI and ASCAP obligations). Check your paperwork with the rink. Anyway, the Dear Rich Staff is sorry you have to think about these details when you should be concentrating on your backwards whips.

To learn more about licensing questions, check out my book Getting Permission:How to License & Clear Copyrighted Materials Online & Off.

Posted by Rich Stim | | Email This Post

Posted In: music , permission

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October 7, 2009

U Can't Touch This: What Can I Do with MC Hammer's Stuff?

mc-hammer-dancejam.jpgDear Rich: Over 13 years ago I purchased MC Hammer's storage units which contained all his personal property such as awards, costumes, music, wedding pictures, business records, tons of mementos, etc. I want to do a blog and put pictures of the items daily on the blog so everyone can see what I have. I would like to someday sell it all to someone who will donate it back to him and they can use it somehow as a business promotional write off. In the meantime, I have about 10,000 brand new albums and tapes of his that I would like to sell on the blog site. I have a catchy name for the blog with part of it being MC Hammer. I collect memorabilia but have never hit it big like I did with this. Apparently you purchased the goods during Hammer's 1996 bankruptcy, one of several setbacks suffered by the man many once considered too legit to quit. As for your questions, the short answers are: (1) Reproducing the personal photos, business records, and perhaps some of the related mementos, at your blog would be an infringement of copyright (and may be a violation of privacy of the persons involved); (2) selling the stuff back to someone who will give it to MC Hammer sounds fine (though we're not clear on how this would qualify as a business deduction); (3) Selling the albums and tapes is fine though as far as we can tell, you might have a challenge moving the albums (and little luck with the tapes); (4) Using MC Hammer's name in your blog may be okay provided it doesn't create the impression that the performer endorses or is any way associated with what you are doing.Taking the other recommendations into consideration, the Dear Rich Staff notes that you can probably reproduce photos of items that you are selling for example, costumes and various mementos.

For more information on getting permission, check out my book Getting Permission: How to License & Clear Copyrighted Materials Online & Off. 

Posted by Rich Stim | | Email This Post

Posted In: celebrity , music , permission , right of publicity

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October 2, 2009

More on Hip Hop Songwriting Copyright

Thumbnail image for Thumbnail image for iStock_000001828661XSmall.jpg
Hi! Here's a letter from a music publisher reader!
Dear Rich: Regarding yesterday's entry I think it's a mistake to say that "if the beatmaker's contribution is mostly percussive, you can probably register the song" and that "traditionally the people who create the lyrics, melody, and chord changes, are the ones who claim the song copyright" not only because these lines are so gray in the hip hop world, but because-- depending on the "best copy" of the work registered with the copyright office -- many more nuances can in fact be copyrighted. There is a convention among my hip hop clients that affords the beatmaker 50% of a song (and whether that is a copyright equity interest or simply a revenue-sharing interest is a matter of potential debate). But the bottom line is that, as a music publisher, I skip ahead right to: "Everything is negotiable, so get it in writing asap," because otherwise I find I simply reinforce confusion. The short answer is that you're right and thanks for the comments. The Dear Rich Staff welcomes practical real-world commentary since -- due to our fear of germs, loud noises, and contrary opinions -- we rarely get out much anymore. 
The New Paradigm. In a sense the relationship of an MC and Beatmaker harks back to the early days of pop songwriting -- for example, the days of Rodgers and Hart --  when one person contributed lyrics and the other supplied the rest (we can even see a female rapper putting Larry Hart's lyrics to beats). Recognizing that collaboration and the acceptance of the hip hop tracks as songs, our advice does seem old-school. Instead, we agree that both the MC and Beatmaker be considered as equal collaborators (and treat that as a starting point in the negotiations). Most importantly, we concur about getting it in writing or as they say in the music biz, 'get paper.' 
Copyright vs. Revenue Share. One other clarification -- as you note there is a difference between a revenue share and registering a copyright. As for copyright registration, the Copyright Office requires that the song be registered listing the actual authors -- those who contributed to the writing. So it would be an error to list someone who did not make a songwriting contribution as an author. (For example, Elvis Presley's "contribution" to Heartbreak Hotel was apparently that he was able to pressure the songwriters into giving him a cut.)  A revenue share, unlike the copyright registration, can be any arrangement that the copyright owners agree upon for compensation. So instead of listing Elvis as a co-author of Heartbreak Hotel, he should have been listed as an assignee of one-third of the revenue (or some other arrangement that guaranteed him the money). In summary, even if the beatmaking does not amount to an old-school songwriting contribution, it can amount to a new-school revenue share.

Questions about music copyrights and law? Take a look at my book Music Law: How to Run Your Band's Business.

Posted by Rich Stim | | Email This Post

Posted In: copyright , lyrics , music

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October 1, 2009

Beats, Backing Tracks and Rap Copyrights

iStock_000003395075XSmall.jpg[Readers, please see the next day's response to this question.]
Dear Rich: If a rapper wants to register his copyrights but the backing tracks or "beats" were "written" or created by somebody who the rapper gave like $200 for the beats, can the rapper register the copyright? Is this a work for hire? Can the rapper say he wrote the whole song and the beat maker is like a drummer in a rock band who doesn't get songwriting credit? The short answer is that If the beatmaker's contribution is mostly percussive, you can probably register the song copyright in your own name.
Beats and Backing Tracks.Traditionally, the people who create the lyrics, melody, and chord changes, are the ones who claim the song copyright. In the hip-hop world, where the song is occasionally stripped to percussion and voice (with little melody), songwriting credits can be more difficult to identify. Generally, if "the beats" refer primarily to arranged drum parts (with maybe a bass riff or vocal sample), and you did the rest, then you are the songwriter. (We talk about the unfairness of this approach for drummers in this blog entry.)
If the beats consist of more --  perhaps a bed of chord changes, with, drums, bass samples,  guitar parts or other melodic instruments -- then it gets more complicated and the person you hired may be able to argue they are a co-owner. 
Paying the $200. According to the Dear Rich Staff the $200 payment for the beats is not going to make them a work made for hire for a few reasons we don't need to bore you with. The easiest way to assure ownership would be to get something signed and in writing that says that the beatmaker "assigns all copyright" in his work to you.
What copyright? Just so we're clear, there are two copyrights involved in a recording: the copyright for the song (generally considered the most valuable) and the copyright in the sound recording (which protects the recorded sounds on the recording). So far, our discussion has been about the song copyright. The beatmaker would have a claim of co-ownership to the sound recording copyright since he contributed his tracks. Typically, the record company or artist gets an assignment from the beatmaker and any session musicians or producers involved in the product so that the whole copyright in the sound recording is owned by one person.   
Hey ... all this reminds us that the new edition of Music Law is out now and contains all the forms you will need to guarantee full ownership of your tracks. 

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Posted In: copyright , music

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September 8, 2009

Singing Along to Audiobooks

laborday.jpgDear Rich: I am an audiobook producer and I've had several instances lately (and it's a longstanding tradition with audiobooks) where a brief excerpt of song lyrics is quoted in a book, and the reader is asked to scrupulously avoid singing the lyrics, or at least to ad-lib some unreal melody. Usually the ad-lib melody is hideous, especially since the song is so familiar to everybody who hears the book. In one case, a mega-famous writer had to remove lyric snippets he quoted from some old blues songs because he couldn't get explicit written permission to use them. Now, as I understand it, that's a much higher standard than the actual law. According to other producers I've worked with whose audiobooks do use the original melody breifly, fair use makes it okay. One producer told me that there was no justification for avoiding using the melody. So, I'd like to know - who's right? Claiming fair use may succeed, but as you probably know, audiobook publishers need an assurance that they will stay out of court, not simply an assurance that they will succeed if sued. That's a tricky proposition when it comes to music publishers (not known for being litigation-shy). What's needed is a legal precedent that specifically deals with this issue. For example, it would have been great if that mega-famous writer went ahead with the use regardless of the permission requirements. 
Why Fair Use May Work
This recent case demonstrates why fair use claims may succeed ... and goes further than the activities in your question. In this case, an actual snippet of the song (an alleged infringement of the song copyright and the sound recording copyright) was used without permission of the Lennon estate. Of course, past performance is no indication of future results and the fair use argument will be weaker, the more of the song that is used. One or two lines is probably okay but use of a complete verse and chorus, or repetitious use of a song's lyrical hook, or a narrative built around the song lyrics (for example, a mystery based on Yellow Submarine) are less likely to succeed. The outcome will also be affected by the context in which the lyric is placed and most importantly, the transformative nature of the use. 
Singing a Different Tune
As for singing a different melody, it's not clear how that limits the producer's liability. It might even make matters worse and tick off the copyright owner, unhappy to see the work mangled and unwilling to permit creation of a derivative work. Also, we have not addressed issues that might arise when there's a written agreement permitting the lyrics in the print book but not addressing the use on audio.
Hey ... We've Produced a Few Audiobooks, too
The Dear Rich staff takes special interest in audiobooks. (Warning! Tireless self-promotion coming up!) Besides Nolo's podcast series we've produced some exciting audiobooks on legal and non-legal subjects, and we host an informative Elmore Leonard audiobook podcast series. BTW, is anybody interested in acquiring the world's most extensive Elmore Leonard audiobook collection (described in this article)? We love talking about audiobooks. Hey why don't we make this Audiobook Week at the Dear Rich Blog? DONE! 

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Posted In: copyright , fair use , music , permission

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August 12, 2009

Drummer as Songwriter

iStock_000002237157XSmall.jpgDear Rich: My husband is a professional drummer who was recently and unceremoniously kicked out of a band. The band is preparing to release their first album this month. Four of the songs on the album were joint authorship collaborations, to which my husband contributed original and distinctive percussion parts as well as overall musical arrangements. The other two members of the band had verbally agreed to share authorship credit (with copyright and ASCAP registration). We have an email from one of the band members agreeing to their 40-40-20 split (with my husband receiving the 20% share). Unfortunately, the album had to be pressed in a hurry and nothing was officially registered (although, there were countless promises to do so upon returning to the U.S.) As a surprise to us, rather than give him credit on the four songs, they instead dismissed him from the band. Now the band has plans to perform and sell the album and has made it clear they intend to dishonor their earlier agreement. What rights does my husband have? Can we proactively register the copyright? And, can we send the band a cease and desist letter as to the four songs in question? What should we demand in the letter? Before filing any applications or sending  any letters you will need to sort out two issues: (1) who are the co-authors of the songs, and (2) what deal, if any, was reached among the parties. 
Who is a Co-Author?
Lets say that the other members registered the songs and did not list your husband as songwriter. If your husband challenges the registrations, a court will be concerned primarily with whether the percussion parts and arrangements actually amounted to a contribution that merits co-author status. According to the Dear Rich staff, courts have not always looked favorably on percussion parts and arrangements as compositional contributions particularly when they are "dictated solely by musical convention or tradition." (Cf. In this case, an arrangement by Billy Strayhorn merited copyright protection). If your husband is convinced that he is a co-author, he can file a copyright application listing the appropriate information. (Here's a video we made that explains the process) But keep in mind that filing a copyright application with false information -- no matter who does it -- may lead to a claim of fraud on the Copyright Office. 
What's the Deal?
If the band members agreed that your husband deserves a 20% portion of the revenue from those songs, he is entitled to it, regardless of the claim of authorship. But your husband will need to prove that an enforceable agreement was reached among the parties. The verbal agreement may suffice though it is will be difficult to prove and may prove difficult to enforce for other reasons. Written documentation of the agreement (including emails) would be best but its hard to tell what proof is proper unless an attorney reviews the documentation.  (PS we recognize that this is not a laughing matter, but a segment of our staff insists on linking to drummer jokes!)

Posted by Rich Stim | | Email This Post

Posted In: copyright , music , transfers

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July 23, 2009

Dreams of Perpetual Copyright

album-Blue-Oyster-Cult-Agents-of-Fortune.jpgDear Rich: What do you dream about? We received this question many months ago and disregarded it since the Dear Rich staff does not address topics that are unrelated to intellectual property. But then, last night we had a dream and felt that it was time to respond. In our dream, we were at a hearing of some sort, it seemed like it could have been in court or maybe a less formal setting (or maybe it switched back and forth). A man with a mustache who looked a lot like Mr. Brewer -- our Dutch neighbor on Long Island who flew for KLM and eventually returned to the Netherlands because he didn't like the direction the U.S. was heading --  was asking about copyright. Apparently, at the hearing we had proposed a staggered system of copyright protection, some types of works getting a shorter term than others depending on the class of works and other factors. (We're not clear on the details but looking back on it, the idea seems subjective and ultimately unworkable.) We must have also proposed that some works achieve perpetual copyright because the Mr. Brewer person asked, "What's an example of a work that would get perpetual protection?" and we responded, "Don't Fear the Reaper." 
Then We Woke Up
The proposal in our dream was unconstitutional. U.S. Copyright (and patents) are premised on protection that is for "limited times," so perpetual copyright would offend our Founding Fathers (not to mention certain copyright gadflies). Other countries have tinkered with the concept though none have embraced it. What we're more interested in is why -- of all the prize winning artwork and music and literature -- our dream counterparts chose Blue Oyster Cult's (sorry, we can't find the umlaut key) 1976 single, Don't Fear the Reaper? (We're talking about the Sandy Pearlman production -- not the live versions). In any case, whether it was the lyrics, the song's tone, the uber-perfect mix, or the ability of the song to age with its audience, it's nice to know that some copyrighted art has a place in the real world and in dreams. 

PS. Thanks to Robert C. re: locating the ümlaüt key. 

Posted by Rich Stim | | Email This Post

Posted In: copyright , music

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July 3, 2009

All Federal Works in the Public Domain (NOT!)

obama-taking-oath-of-presidency.jpgDear Rich: Are all works created by the federal government or agents of the federal government automatically in the public domain? Specifically, when the Inauguration Committee commissioned John Williams to arrange "Air and Simple Gifts" is this new work automatically in the public domain and is the recorded inaugural performance also in the public domain?  The short answer to your question is that no, not all federal government works are in the public domain. Those created by federal employees and federal officers in the course of their duties are in the public domain; but contractors who create federal government works sometimes reserve copyright in their work. According to public domain expert Stephen Fishman, it all depends on what the government decides at the time the independent contractor is hired. If the government wants the work to be in the public domain, it can require it; otherwise, the contractor would own the work that's created. That seems to be the case with John Williams' Air and Simple Gifts which is owned by Williams' publisher  Warner-Tamerlane/Marjer Music Corp and can be licensed for reproduction from the Harry Fox Agency. You may also be interested to know that the underlying theme of the piece is borrowed from a shaker hymm, "Simple Gifts" (The Dear Rich Staff assumes that Williams contributed the "Air") "Simple Gifts" was also used by Aaron Copland in his Appalachian Spring. Okay everybody, have a safe Fourth of July. You don't want to have to call on the PI lawyers! (And has it really been a year since we posted this?)

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Posted In: copyright , music , public domain

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