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Legalities Of Live Albums Drawing From A Long Career

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Anonymous
December 24, 2004 7:05:21 AM

Archived from groups: rec.audio.pro (More info?)

I'm not sure that this is the right forum, but I can't find a
rec.audio.pro-legal, so I'll try here.

I am a friend of a friend of a used-to-be successful band who's been
chugging it out on the bar circuit for a number of years now. They're
certainly not as popular as they once were, but they are better than
ever and they tour for a living.

I would love for this era of the band to be documented in perhaps a
live album, but before approaching them, I would like to have an issue
cleared up for me first.

If a band was once signed to a major label (say Warner or Sony), and
have since released a few indie ablums, do they have the absolute right
to use the Warner/Sony stuff for a live album released on a new label?
They always have written their own music, but the older stuff was
published in conjunction with the label.

In short, is this stuff free for them to revisit in new recordings or
must the major-label piper be paid?
Anonymous
December 24, 2004 1:23:04 PM

Archived from groups: rec.audio.pro (More info?)

ScubaSkank <scuba_skank7@yahoo.com> wrote:
>
>If a band was once signed to a major label (say Warner or Sony), and
>have since released a few indie ablums, do they have the absolute right
>to use the Warner/Sony stuff for a live album released on a new label?
>They always have written their own music, but the older stuff was
>published in conjunction with the label.

Depends on the contract that they signed with Warner or Sony. And it MAY
depend on whether the live recordings they made in that era were paid for
by the label or was just a board tape on the tour that was never intended
for release. But it's definitely time to get their old contract out and go
over it with a fine tooth comb.

>In short, is this stuff free for them to revisit in new recordings or
>must the major-label piper be paid?

It probably needs to be paid. Ask Fletcher for his recommendation for a
music industry lawyer in your area. He seems to know all the really good
guys. Hiring a lawyer to argue with the label may be cheaper than doing it
yourself, too.
--scott
--
"C'est un Nagra. C'est suisse, et tres, tres precis."
Anonymous
December 24, 2004 6:06:32 PM

Archived from groups: rec.audio.pro (More info?)

To the best of my knowledge, the record label only controls the rights to the
RECORDINGS made under contract. They do not control the COMPOSITIONS; that
would be the publisher(s) and ASCAP/BMI.

Astists occasionally re-record their hits for just this reason, to be able to
market them without dealing with the original company.

A lawyer may have better advice, but my un-legal impression is that you're home
free.
Anonymous
December 24, 2004 6:29:32 PM

Archived from groups: rec.audio.pro (More info?)

>To the best of my knowledge, the record label only controls the rights to
>the
>RECORDINGS made under contract. They do not control the COMPOSITIONS; that
>would be the publisher(s) and ASCAP/BMI.
>
>Astists occasionally re-record their hits for just this reason, to be able
>to
>market them without dealing with the original company.

The actual recordings belong to the original company but the songs belong to
the copyright holder. A rerecording would be treated like any other new
recording and royalties paid to the copyright hjolder.
Phil Brown
Anonymous
December 25, 2004 4:17:47 AM

Archived from groups: rec.audio.pro (More info?)

<< If a band was once signed to a major label (say Warner or Sony), and
have since released a few indie ablums, do they have the absolute right
to use the Warner/Sony stuff for a live album released on a new label? >>

If you are asking if this band can record a live album that includes songs they
recorded for a major the answer is yes. They do not need permission from the
major nor do they need to pay them anything. (this is providing the rerecording
restriction time frame of 5 or 6 years has passed)

If you are asking if they can include recordings made while under contract to a
label, then you need to license from that label.



---------------------------------------
"I know enough to know I don't know enough"
Anonymous
December 28, 2004 10:27:05 AM

Archived from groups: rec.audio.pro (More info?)

On 2004-12-24, ScubaSkank <scuba_skank7@yahoo.com> wrote:

> do they have the absolute right

There are no such things as "absolute rights" in the context of
entertainment law or copyright. You need a lawyer. One that will
actually give you your money's worth for your $300/hour, who is
experienced in entertainment law in your jurisdiction.
!