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Discussion in 'Trumpet Discussion' started by drac, Mar 29, 2004.
What? Today, St. Patrick's Day, and no one has asked any of you to play Danny Boy !
So this weekend when I am playing my gig in Pittsburg (of original music from our song book of course) and someone comes to the stage and requests we play "Here's That Rainy Day", for our next tune of the evening. How practical is it to request that the individual Google the individual or corporation with copyright holdings to find the information required to achieve permission, then activate their Pay Pal account to pay at real time, then return with a prnt out of the receipt to the band to provide as evidence of the transaction? How practical is this? Has our personal connection to the audience really come down to this?
I truly would like to know, how many people in this forum would refuse that individual's request if he came back to the stage stating he could not find a link for the original contact information? Really, truly, how many would refuse this persons request?
Here is what I found in searching Irish Eyes are Shining for copyright information:
When Irish Eyes Are Smiling
Written By: Chauncey Olcott and Geo. Graff, Jr.
Music By: Ernest R. Ball
Then I searched the post for the thread on Jazz/Commercial and using the link provided for public domain songs, came up as not able to find. Therefore Irish Eyes Are Smiling is listed as an unknown copyright, yet NOT in the public domain.
SO WE BETTER NOT PLAY IT, NO MATTER WHO REQUESTS IT, NOT FOR THE POPE, NOT EVEN YOUR MOTHER!
Who are we kidding!?
I've no statistic on how many copyrighted songs are NOT represented by either the Harry Fox Agency or BMI in the U.S. but I don't think there are many. The only lawful remedy I know of is to have a copyright performance license for ALL the songs your band plays (or expects to play). Yes, it takes anywhere from three days to a week to receive the proper license, and that is with computer to computer contact. Harry Fox and BMI both accept VISA and Master Card, but not PayPal.
ALL I can say is don't say I haven't warned you when you play the request that an agent from one of these agencies has made the request and you were gullible enough to play the song in a public place vis restaurant or other similar gig. The bottom line is that you pay as you play which I realize cuts heavily into profits ... but that's the "game rules".
I don't understand what you mean. If that is the case and you need to have a copyright license, then wouldn't every professional musician, unless they are playing their own arrangements, is breaking the law.
When Irish Eyes Are Smiling was first published in 1912, and Danny Boy by Frederic Weatherly in 1913, thus in the U.S. they both preceed copyright effect and are considered to be in the Public Domain. Generally, 1923 is currently the cut-off year of publication. The whole U.S, copyright law is available on internet. It is Title 17, United States Code.
If you do not have the permission of the composer via their agent of a copyrighted song, you violate and infringe upon their copyright just to make an arrangement. Then it's worse to play such arrangement in a public place. Reiterating, the U.S. law is on internet, Title 17 U.S. Code.
"Professional Musician" maybe needs defining. I'm going to state that the songs Chris Botti plays are either Public Domain or he has the license to play them in a public place, and so it goes with about all the "professional musicians" that we buy their CDs and listen to. I'll state the U.S. Military Bands have exclusion to the application of the copyright law and are not less than "Professional Musicians".
Uh oh, guess I've been illegally operating the past 17 years!
And in all that time you were never arrested. It's not very likely to happen in the future but now you're gonna have to get the license or feel guilty about the whole thing. Your ignorance was bliss...