guit-it Posted June 11, 2004 Share Posted June 11, 2004 I recently came accross a song that is actually part of a story written in 1954. It fits in with the songs we are recording. I have never recorded anyone else's lyrics to our brand of smash and roll. What is the cut off for a copywrite and do I have to give the writer credit on the cd for the lyrics? I don't want to get blindsided down the road after we release the cd. What is the general rule of thumb? Link to comment Share on other sites More sharing options...
BillWelcome Home Studios Posted June 11, 2004 Share Posted June 11, 2004 Originally posted by guit-it: .....do I have to give the writer credit on the cd for the lyrics? I don't want to get blindsided down the road after we release the cd. What is the general rule of thumb?Why wouldn't you want to give the writer credit? "I believe that entertainment can aspire to be art, and can become art, but if you set out to make art you're an idiot." Steve Martin Show business: we're all here because we're not all there. Link to comment Share on other sites More sharing options...
guit-it Posted June 11, 2004 Author Share Posted June 11, 2004 Because 98% of the shit the machines roll out now are direct copies of someone else's material! Read the credits on any cd and you tell me who wrote what and when. I am more than amicable when it comes to credit but I will not advertise for an estate or corporation that will not reciprocate. Link to comment Share on other sites More sharing options...
Steevo Posted June 11, 2004 Share Posted June 11, 2004 Originally posted by guit-it: I recently came accross a song that is actually part of a story written in 1954. It fits in with the songs we are recording. I have never recorded anyone else's lyrics to our brand of smash and roll. What is the cut off for a copywrite and do I have to give the writer credit on the cd for the lyrics? I don't want to get blindsided down the road after we release the cd. What is the general rule of thumb?Copyright laws are not general rules of thumb ... they are federal laws. I suggest if you don't want to get 'blindsided' (by your own ignorance) you search out the Library of Congress and the Copyright section and learn more about it. If you use the property of an estate or corporation improperly they would have grounds to sue your ass. My 2 cents. Cheers! Link to comment Share on other sites More sharing options...
fantasticsound Posted June 11, 2004 Share Posted June 11, 2004 Whether or not there is a current copywrite on the lyrics you're using, you should always credit the writer of those lyrics. Sorry, but that's a no-brainer. You don't take credit for lifting someone else's lyrics.. even if the song or story is public domain. Examples: Paul Simon's name appears as "additional lyrics by" for Scarborough Fair, a song usually listed as "traditional" (No known author) Sting went so far as to credit the author of Interview With The Vampire for inspiring the lyric and music of Moon Over Bourbon Street. It's easiest to find me on Facebook. Neil Bergman Soundclick fntstcsnd Link to comment Share on other sites More sharing options...
guit-it Posted June 11, 2004 Author Share Posted June 11, 2004 Look your missing the point, I have sold songs that have appeared on cds. I don't receive credit, the song is listed under the artists publishing company and I receive a one time payment. This is how I am listing the songs on our cd. This is not a song, only lyrics that lie in the public domain category not something printed 10 years ago. The publisher no longer exists and I am not going to spend hundreds of dollars to ascertain rights to a song in the public domain! Link to comment Share on other sites More sharing options...
NMcGuitar Posted June 11, 2004 Share Posted June 11, 2004 guit-it, The term "public domain" is actually a legal status, refering to a work on which all copyright protections have expired. It doesn't refer to something being published, or "out there for the public". Copyrights last quite a while. You really should check out the link Steevo posted. This is a quote from it: How long does a copyright last? The term of copyright for a particular work depends on several factors, including whether it has been published, and, if so, the date of first publication. As a general rule, for works created after Jan. 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. For an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first. For works first published prior to 1978, the term will vary depending on several factors. To determine the length of copyright protection for a particular work, consult chapter 3 of the Copyright Act (title 17 of the United States Code). More information on the term of copyright can be found in Circular 15a, Duration of Copyright, and Circular 1, Copyright Basics Better to do the research up front than to lose rights to your own piece (for infringing on the copyright), and to possibly lose most or all the $$ you make from it (George Harrison lost millions because of the "fact" that he "stole" the melody for "My Sweet Lord"). Good luck, man. May all your thoughts be random! - Neil www.McFaddenArts.com www.MikesGarageRocks.com Link to comment Share on other sites More sharing options...
Billster Posted June 11, 2004 Share Posted June 11, 2004 Originally posted by guit-it: Look your missing the point, I have sold songs that have appeared on cds. I don't receive credit, the song is listed under the artists publishing company and I receive a one time payment.THIS IS NOT A SMACKDOWN! PLEASE ACCEPT THIS AS OPEN ADVICE. Maybe I'm missing something else here, but if you have had unfortunate business deals in the past where you got a one time payment for a work that appeared on someone elses publishing, don't assume you can do that to the next guy whose lyrics you want to drop into your work. Originally posted by guit-it: This is how I am listing the songs on our cd. This is not a song, only lyrics that lie in the public domain category not something printed 10 years ago. The publisher no longer exists and I am not going to spend hundreds of dollars to ascertain rights to a song in the public domain!If this is for local or regional purpose, look into a limited use agreement here with the Harry Fox Agency, the place where they run this complicated system of rights licensing. Take NMcG's advice, and don't louse up something good for yourself by not straightening out the technicals first. Buy my CD on CD Baby! Bill Hartzell - the website MySpace?!?! Link to comment Share on other sites More sharing options...
guit-it Posted June 11, 2004 Author Share Posted June 11, 2004 Excellent, Gentleman! This is my favorite thing about this site, the level of professionalism. I appreciate the information and the links. I found the anwer I was hoping to find. Thank you! Link to comment Share on other sites More sharing options...
fantasticsound Posted June 11, 2004 Share Posted June 11, 2004 Originally posted by guit-it: Look your missing the point, I have sold songs that have appeared on cds. I don't receive credit, the song is listed under the artists publishing company and I receive a one time payment. This is how I am listing the songs on our cd. This is not a song, only lyrics that lie in the public domain category not something printed 10 years ago. The publisher no longer exists and I am not going to spend hundreds of dollars to ascertain rights to a song in the public domain!Like others said, this isn't a smackdown. You asked, we answered. Regarding the lyric in question, you seemed to be unsure whether it is or isn't public domain, in your initial post. Is it copywrited or not? I don't know about your albums, but those I own with music/lyrics written by the band always list, "Music and lyrics by ______ " followed by an * with notes regarding specific exceptions. In Nashville songwriters are more respected than in some other musical circles. They are almost always credited individually on albums. As for you selling your own songs, your contract would govern whether or not you receive credit for use after the first recording, so if you're not receiving it, you ought to re-examine the pertinent contract. It's easiest to find me on Facebook. Neil Bergman Soundclick fntstcsnd Link to comment Share on other sites More sharing options...
Dave da Dude Posted June 12, 2004 Share Posted June 12, 2004 fantasticsound, Whether or not there is a current copywrite on the lyrics you're using, you should always credit the writer of those lyrics. Sorry, but that's a no-brainer. You don't take credit for lifting someone else's lyrics.. even if the song or story is public domain. It is said that Integrity is what you do when you know that no one else will ever find out what you did. Also sometimes called "doing the right thing". These "rules" are not governed by government or other people. They are governed by your integrity. If you don't have it, no one will ever trust you. My two cents Dave the Old Fashioned One Gotta' geetar... got the amp. There must be SOMEthing else I... "need". Link to comment Share on other sites More sharing options...
guit-it Posted June 12, 2004 Author Share Posted June 12, 2004 I have no fear over my copywrited material, et al, The Deeper your Buried The Colder It Gets Now Your A Woooden Box Master Hole Were Drilled For The Worms To Come Faster Now The Packed Ground Is Set The Deeper Your Buried The Colder It Gets This is why I write my own shit in the first place, so I will not record the lyrics in question. Link to comment Share on other sites More sharing options...
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