Quelle surprise!
Music Copyright War Looming
"When copyright law was revised in the mid-1970s, musicians, like creators of other works of art, were granted 'termination rights,' which allow them to regain control of their work after 35 years, so long as they apply at least two years in advance. Recordings from 1978 are the first to fall under the purview of the law, but in a matter of months, hits from 1979, like 'The Long Run' by the Eagles and 'Bad Girls' by Donna Summer, will be in the same situation. ... 'We believe the termination right doesn’t apply to most sound recordings,' said Steven Marks, general counsel for the Recording Industry Association of America, a lobbying group in Washington that represents the interests of record labels. As the record companies see it, the master recordings belong to them in perpetuity, rather than to the artists who wrote and recorded the songs, because, the labels argue, the records are 'works for hire,' compilations created not by independent performers but by musicians who are, in essence, their employees."
lol, the music industry is hemmoraging badly - let's hope they spend so much money trying to hold onto 30 year old songs no one buys anymore that they wake up broke one day and decide to stop shoving the same modern autotune bull down our throats.
The people who suffer the most are the ones trying make films. you can't even put your child's first steps on YouTube if you have "walk like an Egyptian" playing in the background.
Yet another reason for musicians and bands to avoid record labels and just form their own publishing...
the RIAA.
And the abomination of a copyright law our Congress has stuck us with.
On the other hand...
If the musicians/artists are diligent and file for their song copyrights --ON TIME--
The record labels will be ed and the copyrights will revert back to the songwriters forever...which is as it should be.
The only bad thing is that these record labels-although they know it is wrong-will tie up this issue in the courts for decades...out of spite.
IMO this is great for film making. Make an original score. Get your cousin, your neighbor give them some instruments and boom. you got a soundtrack. great for creativity
tbh, the record industry was sinking like the anic a few years ago. Until Apple threw them a lifeboat with their Itunes. Now Amazon and others are also throwing some life boats. Remember they were on desperate mode and suing even 12 year old children not out of spite, but because they were dying. Now they are regrouping. them I hope they eventually sink forever.
Don't forget the extortionists at BMI, ASCAP and SEASAC while you are at it. They try to milk fees out of any establishment that plays any music, threatening lawsuits if you don't pay their toll. We had bands playing original music, but they still threatened to sue because "well they are most likely playing at least some cover songs that are in our catelogue" and threatened to sue. I just gave up having live music rather than spending tens to hundreds of thousands in legal fees.
Their new deal is to go after establishments that have TVs, saying that any copyrighted music played during shows or commercials is subject to royalties, even if the sound isn't on.
They certainly seem to be more in the litigation business these days...
Agreed...somewhat...
see...there are so many songs that made money in the past...60 years or so...and every time that a song earns royalties...these royalties are divided amongst the writers, publishers, music companies/labels, executives,etc...
so even if the labels are not doing as well...don't mistake that for actually going broke...as these works or art that THEY NEVER CREATED in the first place...will keep them rich as for their lifetimes.
This is their gravy train and the rich do not ever let money slip through their greedy hands without a fight...even if what they are fighting for was never created by them anyway.
tell that to Tarantino...have you heard the soundtrack to last American virgin,Ferris Bueller's Day Off ,fast times at ridge mount high? movies like those relied heavily on the music of hit songs. Who wants to watch pulp fiction with a soundtrack made with a Casio keyboard in some geeks basement?
But will those same bands allow the average Joe to use they're music on YouTube?
I would...and I will mouse...
pm me and I will give a link to my band's page and you can use any song you like...(if you are still doing indie films and/or film projects)
anything you use...of course won't change the fact that the copyrights bear my name...but it is a win-win...
you get good songs (great songs actually)....I get the songs played and listened to...
What if the creator of the song is dead? Does the next of kin get dibs on the cash?
If the original copyright holder made arrangements, his designated beneficiary will be the owner...if no arrangements are made the label/record company could retake ownership...
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