Mechanical Music Digest  Archives
You Are Not Logged In Login/Get New Account
Please Log In. Accounts are free!
Logged In users are granted additional features including a more current version of the Archives and a simplified process for submitting articles.
Home Archives Calendar Gallery Store Links Info

Announcement: End-of-Year Fundraising Drive In Progress

Our End-Of-Year Fundraising drive is in progress. If you haven't contributed to the operation of the MMD in the last 12 months, this would be a great time to contribute. There's a PayPal link at the bottom of each page on the website.

If you aren't sure when you last contributed, please send me a note using the contact form at the bottom of this page and I'll look you up in my records.

Thank you for your generous support!
Jody

P.S. While your support is needed and appreciated, you do not need to contribute to be a subscriber. If you have subscribed and aren't receiving your Digest, please use the contact form at the bottom of the page and let me know. Thanks!

MMD > Archives > January 1997 > 1997.01.08 > 14Prev  Next


Re: Royalties and "This Business of Music"
By Matthew Caulfield

The good book, "Business of Music", comes at the end of this note. But first two other related points.

In the last digest Dan Wilson suggests using the same strategy which S. K. Goodman uses sucessfully to obtain tacit permission to use a composition on an audio recording without paying royalties to the Harry Fox Office, using that strategy in order to obtain permission from a copyright holder to make an arrangement of a copyrighted composition. I'm not sure that will work. The situations are different.

Under the compulsory license provision Goodman has the right to use a compostion once any other user has been granted the same right; the only question involved is the amount of the fee, if any. But the composer of a tune (or the author of a work) has the absolute right to permit, deny, or control any and all use of his creation. Granting the right of use to one arranger or adapter or reprinter does not permit any other further use. Therefore, it seems to me dangerous to assume that silence in this case implies consent, though it would in Goodman's case. (Not speaking as a lawyer here).

Regarding the Harry Fox office's interest or lack thereof in collecting royalties on small runs of recordings, which was mentioned several digests back, the late Merrick Price told me once of his experience in calling the Fox office about royalties on the recordings of the Seabreeze Wurlitzer 165 which he was having issued. Some distance into the conversation he mentioned the small number of copies he expected to have issued, and the office terminated the call by saying, "Get out here. If that's all the copies you expect to sell, we aren't interested. It isn't worth our time to even check your tune list against our files."

Now -- the good book. Two books, actually, by Sidney Shemel and M. William Krasilowsky, published by Billboard Pub. Co. in 1967 and 1971. They come highly recommended for their help on the ins-and-outs of the music trade and on the law of music copyright. The titles are "This Business of Music" and "More About This Business of Music." Has anyone here used them and found them helpful in answering some of the questions being discussed here lately? I have not, though I have been intending to do that.

Matthew Caulfield


(Message sent Wed 8 Jan 1997, 17:00:12 GMT, from time zone GMT-0500.)

Key Words in Subject:  Business, Music, Royalties, This

Home    Archives    Calendar    Gallery    Store    Links    Info   


Enter text below to search the MMD Website with Google
Loading



CONTACT FORM: Click HERE to write to the editor, or to post a message about Mechanical Musical Instruments to the MMD

Unless otherwise noted, all opinions are those of the individual authors and may not represent those of the editors. Compilation copyright 1995-2017 by Jody Kravitz.

Please read our Republication Policy before copying information from or creating links to this web site.

Click HERE to contact the webmaster regarding problems with the website.

Please support publication of the MMD by donating online

Pay via PayPal

No PayPal account required

                                                       
Translate This Page

. .