Re: Music Copyright

On 16/06/2012 16:10, William Creed wrote:
> I have a question regarding copyright.  I am in the midst of rewriting someone else's song.  I plan on using their music - and give them copyright for it -but using my own words and copyrighted them seperately.  What problems do I run into legally on this.  Do I need the music author's permission, or can I do this as long as he gets royalties? WSC
>
> Author  of: Comes The End, The Gathering, The Promise, Beginnings of The End, God's Gift
> Prize Winning Movie Scripts:
> Kairos Screenplay Competition
> Ehrenkrook Entertainment Competition
> www.williamcreed.com
>
> MOD Edit:
> I trimmed off the earlier reply string that had nothing to do with your question.
> My own reply is this:
> http://www.copyrightcommunity.com/wake-up-call-for-churches-politicians
> Ed
> Ed Howdershelt - Abintra Press
> Science Fiction&  Semi-Fiction
> http://www.AbintraPress.com

William,

You must read up on copyright; yours is a fairly fundamental question.

Copyright law gives the creator *total* rights over their creation [some 
exceptions deal with issues like review and academic use]. So no, you 
may not use this music without the creator's permission, just as no one 
may use your lyric without your permission. It is up to the creator, the 
copyright owner, what the terms of usage are, so you would not know what 
royalties are appropriate. Nor do you even know if the owner, or an 
appropriate licencee, wishes anyone else to use the music with any 
derivative or alternative lyric.  Such usage is then licenced to 
another, who becomes the copyright holder for that specific permission.

In addition, unless you are the original writer of the lyric, what you 
propose is a derivative use. And you must approach the lyric writer for 
permission to make that derivative use, and to agree the terms of use. 
So stop your rewrite until you are sure it will not be time wasted.

If you have had scripts accepted surely you have had to check the 
contract? That has a deal of copyright determination. On music there is 
a likelihood that permissions and licensing are handled by a performing 
rights management company. And that you will need to investigate.

Make sure you read the link Ed has given; and assume all works are 
copyright restricted *unless* you have *unequivocal* proof they are not. 
A work 200 or more years old is (almost) certainly out of copyright. US 
out of copyright dates differ from the rest of the world; be careful if 
you want to use cross border works.

Joseph Harris


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