Quote:
Originally Posted by mattz196
Steve, If someone does choose to record and publish another artists work do they negotiate an agreement with the original creator directly or is there like a set fee that is paid to an orgaisation that represents artists ?
Can a copyright holder refuse someone permision to record their work?
Matt
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Matt--
Since I live in the US, I'm familar with US law and not Australian, so some things may differ. Often times, though, songs that a person hears or becomes popular often does in alot of the western world and so the general rule there is that the laws are followed according to the country of origin.
What happens in the US is that if a person wants to record another person's work, they need to contact the owner of the rights of the song. Usually with popular music, the orignal creator(s) have signed those rights away to a publishing company. So you're looking for a publishing company. You can usually figure this out by looking at liner notes from the CD jacket. But you can also find out on line from the databases of the performance rights agencies (in the US they're ASCAP, BMI and SESAC, in Aus it's APRA, apra.com.au).
Fees are negotiated with the publishing company or the holder of rights. There is a set MINIMUM that is required to be paid, and that amount, for 2007, is here as taken from the Harry Fox agency (harryfox.com, and I might add that you'll find everything you wanted to know about this subject, and everything you wish you hadn't asked!):
As of January 1, 2006 the statutory mechanical rate is as follows:
9.10 Cents for songs 5 minutes or less
or
1.75 Cents per minute or fraction thereof over 5 minutes.
For example:
5:01 to 6:00 = $.105 (6 x $.0175 = $.105)
6:01 to 7:00 = $.1225 (7 x $.0175 = $.1225)
7:01 to 8:00 = $.14 (8 x $.0175 = $.14)
This rate will remain in effect until the next schedule of mechanical licensing rates is determined.
This means that the holder of rights charges you this as a minimum, and then can add any other fees they want. Usually the breakdown begins by the number of times you wish to duplicate the song.
Also, you can most times just pay these fees and receive a license online at harryfox.com. These are known as mechanical licenses.
The basis of the US law states that the creator, or the holder of rights, owns the exclusive right to first record and distribute their work. Once they do so, however, anyone has the right to obtain a compulsory mechanical license and record and distribute the work once the miminum fees have been paid.
An owner of rights can indeed refuse another. But unless the other party is a notorious thief of some kind, they're not going to be refused. Hey, it's money in the door.
Steve