Posts Tagged ‘composer’

Does Background Music Require A Dramatic License?

Thursday, April 3rd, 2014

By Brian Taylor Goldstein, Esq.    Dear Law and Disorder: I have written a one-man show. Do I need to get a dramatic license for background music? Just to make sure we’re all on the same page, let’s review: In order for music to be “performed” (either live or via a recording) in a public […]

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Gosh, That Sounds Familiar!

Thursday, February 6th, 2014

By Brian Taylor Goldstein, Esq. Dear Law and Disorder: A composer has been commissioned to write an ‘original’ work for a particular soloist or specific chamber ensemble. The commission agreement stipulates that the performing artist is granted exclusivity, giving the artist a certain period of time in which he/she has the sole right to perform […]

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What Do You Mean I Need To PAY For Music?

Thursday, January 23rd, 2014

By Brian Taylor Goldstein, Esq. Greetings, I have recently been contacted by ASCAP asking for fees based on music played by live musicians. Are we required to pay if we do not pay the musicians? Any musician who plays at the location is not compensated for their efforts. Is anyone else who works at or […]

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Is The Term “Work-For-Hire” A Magic Phrase?

Thursday, December 12th, 2013

By Brian Taylor Goldstein, Esq. An orchestra wants to commission a composer we represent to create an arrangement of a piece they want to perform. We were hoping that our composer would retain ownership of the arrangement so that in the future if the orchestra, or anyone else, ever wanted to play his arrangement, he […]

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Using Existing Recordings–Not So Fast!

Wednesday, April 10th, 2013

By Brian Taylor Goldstein, Esq. Dear Law and Disorder: A few weeks ago you wrote a great article about how to obtain a mechanical license when someone wants to record music. But what about using a recording that already exists? We would like to promote an upcoming concert at our venue by putting some recordings […]

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Dad, May I Borrow the Car?

Wednesday, February 13th, 2013

By Brian Taylor Goldstein, Esq. Dear Law and Disorder: May we borrow music for an orchestral performance from another organization that purchased this music, but is currently not using it? When you write that the other organization “purchased this music”, do you mean that they actually purchased all performance rights to the music or merely […]

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Commissioners Beware!

Wednesday, January 23rd, 2013

By Brian Taylor Goldstein, Esq. Dear Law & Disorder: When a composer/songwriter is commissioned to write a song, who owns the copyright to the song? The commissioner or the writer? And for either party, when the other owns the copyright, what kind of controls and/or royalties does the holder have? As with just about everything […]

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Ask, and Ye “May” Receive…or Not

Wednesday, January 9th, 2013

By Brian Taylor Goldstein, Esq. Dear Law and Disorder, I am a music professor at a medium-sized state college. We have two questions with regard to live streaming some of our concerts and recitals. We, of course, have paid the ASCAP and BMI licenses/fees to cover the rights for live performances. I believe the licensing […]

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Is That A Music License I Hear?

Wednesday, June 27th, 2012

By Brian Taylor Goldstein Do we legally have to have a music license if we have bands performing in our Country Club at weddings, social events, etc.? Yes. Anytime music is publically performed, either live or by playing a recording through a sound system, a “performance license” is required. A “performance license” is a fee […]

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How Do I Protect My Personal Assets From Claims of Copyright Infringement?

Wednesday, June 13th, 2012

By Brian Taylor Goldstein Dear FTM Arts Law: Could owning copyrights individually (as opposed to being owned by a corporate entity) ever be a personal liability?  I understand that if copyrights are held in the name of a S-corp, C-corp, or possibly LLC, the corporate veil would shield my personal assets. There is no liability in […]

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