Posts Tagged ‘recording’

The Lost Art of Negotiation

Thursday, June 12th, 2014

By Brian Taylor Goldstein, Esq.    Dear Law and Disorder: A longtime friend who is also a very successful artist who I greatly respect, asked me to do a project with him. He sent me a contract, but it doesn’t cover things like when and how I get paid. I want to mark up the […]

Read the rest of this article »

How Much Is That Artist In The Window?

Thursday, April 24th, 2014

By Brian Taylor Goldstein, Esq.    Dear Law and Disorder My ensemble has been approached by a composer/musician who would like them to do two days of recording for music that she is composing for a theater company. My understanding is that this theater company does quite a bit of touring. Do musicians typically get […]

Read the rest of this article »

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 […]

Read the rest of this article »

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 […]

Read the rest of this article »

Visas for Recording Artists

Wednesday, September 25th, 2013

By Brian Taylor Goldstein, Esq. Dear Law and Disorder: If a foreign singer (who is not a citizen of a country that is eligible for the visa waiver program) gets a record deal in the USA, what kind of visa would they need to apply for? And if the singer is currently living in a […]

Read the rest of this article »

“Fair Use” Just Isn’t Fair!

Wednesday, May 29th, 2013

By Brian Taylor Goldstein, Esq. Dear Law and Disorder: I have read your clearly stated articles about mechanical use and rights.  What about “fair use”? Aren’t there specific scenarios where permission is not needed to use a recording of someone else’s music? Beware of what you ask. You are about to open a box whereupon […]

Read the rest of this article »

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 […]

Read the rest of this article »

The Mechanics of Mechanical Licenses

Wednesday, March 6th, 2013

By Brian Taylor Goldstein, Esq. Dear Law and Disorder: Does all music (if not in public domain) require a mechanical license to be recorded? I don’t quite understand when it is needed and when a person could pay a statutory fee and move forward without permission. Yes, anytime you want to make an audio recording […]

Read the rest of this article »

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 […]

Read the rest of this article »

Can We Loan Sheet Music?

Wednesday, November 28th, 2012

By Brian Taylor Goldstein, Esq. Dear Law and Disorder: May we loan music that we own for orchestral performances by other non-profit organizations (schools, community orchestras, etc? Would the other group still need to obtain performing/recording permissions? Could we be liable if they don’t? It depends how define “own.” If by “own”, you mean that […]

Read the rest of this article »