Change in Copyright Law - 35 year mark - VH gets 100% of Royalties

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  • Romeo Delight
    ROCKSTAR

    • Feb 2005
    • 5174

    Change in Copyright Law - 35 year mark - VH gets 100% of Royalties

    So maybe we only have 3 more years to wait for the Largo show...5 more years for an US Festival Release?

    I would see why you would want 100% of the royalties as opposed to 15 or 20%...



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    Music Copyright Law Change Brings Disharmony to Musicians and Labels
    Brian Glaser ContactAll Articles

    Corporate Counsel
    August 16, 2011
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    Hit songs from the late 1970s may be about to get a major legal remix, thanks to a change in copyright law set to go into effect soon.

    In The New York Times article "Record Industry Braces for Artists' Battles Over Song Rights," reporter Larry Rohter examines a 1976 copyright law that, on January 1, 1978, started a 35-year clock ticking, after which "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—and then, as the calendar advances, every other master recording once it reaches the 35-year mark."

    Because recordings from 1978 will turn 35 in 2013 and applications must be made two years ahead of time, this is the year for artists to file for copyright termination.

    Rohter quotes players from both sides of the musician/music-business divide on the issue, which has the potential to strip record labels of some of their most valuable catalog assets. Eagles singer, songwriter, and drummer Don Henley (who is also part of musicians' rights group the Recording Artists Coalition) says, "In terms of all those big acts you name, the recording industry has made a gazillion dollars on those masters, more than the artists have. . . So there's an issue of parity here, of fairness."

    On the other end, Recording Industry Association of America GC Steven Marks tells Rohter, "We believe the termination right doesn't apply to most sound recordings," arguing that the songs and albums in question were created at "works for hire."

    The one thing that seems certain is that the changes in the copyright laws are sufficiently vague enough to ensure plenty of litigation as artists start trying to reclaim the rights to their songs: "Daryl Friedman, the Washington representative of the recording academy, which administers the Grammy Awards and is allied with the artists' position, expressed hope that negotiations could lead to a 'broad consensus in the artistic community, so there don't have to be 100 lawsuits.' But with no such talks under way, lawyers predict that the termination rights dispute will have to be resolved in court."

    See also: "Q&A: Incoming Recording Industry Chief Sherman Targets Piracy," The American Lawyer, August 2011.
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  • SunisinuS
    Crazy Ass Mofo
    • May 2010
    • 3301

    #2
    On the other end, Recording Industry Association of America GC Steven Marks tells Rohter, "We believe the termination right doesn't apply to most sound recordings," arguing that the songs and albums in question were created at "works for hire."



    Fuck you Marks...up the fucking nostrils. Yea let's see....wrote these songs in my garage 6 years before I met you and "works for hire"? So let's see....you own the performance then...not the works.

    Fucking hate the whole asshole music companies, hope they all rot in hell.
    Can't Control your Future. Can't Control your Friends. The women start to hike their skirts up. I didn't have a clue. That is when I kinda learned how to smile a lot. One Two Three Fouir fun ter thehr fuur.

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    • Sensible Shoes
      Full Member Status

      • Oct 2009
      • 4648

      #3
      Used to be after 75 years or so stuff fell into the Public Domain, but lately, you can't even sing Happy Birthday in a restaurant without incurring royalties.

      Oh dear.

      Comment

      • Blaze
        Full Member Status

        • Jan 2009
        • 4371

        #4
        I wrote something on this somewhere.

        This law is being challenged by the Old Order. However, a challenge is not necessarily law.
        Moreover, copyright law is not the same the world over. Fact is one could post sales in a nation that has weak copyright laws and most likely not be subject to the copyright laws that are beating down many in countries that subject themselves to monopolistic predatory companies. The issue is though a strong presence. It would need to be a internet based sale and .. well there are just tons of issues.

        One of the best things we can do, audience and artist, is use the organizations that are avialed to us. One being the WIPO. By writing, calling, and in general being the squeaky wheel avenues will be opened for artist and audience.


        Politics are a fact of life. And politics is a part of law. Law is what governs our copyright laws. Change.org is an useful tool to gather people and to spread information for real people to stand up and say "We have had enough of the predatory corporations in popular culture."



        Join over 500,000,000 people creating real change in their communities.

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        • TJMKID
          Veteran
          • Mar 2004
          • 1533

          #5
          Musicians would make more $$$ these days if they gave away their music for free but make it ad-based --- listen to a shitty 30-second advert before the song starts on your iPod. Might be a little bit annoying, but the entire interweb is ad-based these days. If you dont want the ads, then you can still buy the song from iTunes or CD at Wal-Mart or Target. Van Halen should do this with the new album. :tongue0011:

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          • FORD
            ROTH ARMY MODERATOR

            • Jan 2004
            • 59635

            #6
            I wonder if this has anything to do with why Warner Chappell music signed a new publishing deal with VH (Dave, the sisters, bassplayer, and also Chedhead) a couple years back, so they could get around the whole 35 year mark?
            Eat Us And Smile

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            "If the American people had ever known the truth about what we (the BCE) have done to this nation, we would be chased down in the streets and lynched." - Poppy Bush, 1992

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            • VHscraps
              Veteran
              • Jul 2009
              • 1874

              #7
              Originally posted by FORD
              I wonder if this has anything to do with why Warner Chappell music signed a new publishing deal with VH (Dave, the sisters, bassplayer, and also Chedhead) a couple years back, so they could get around the whole 35 year mark?
              The guys up at Howdy-Doody pretty much control song publishing rights via Warner Chappell, but that deal won't apply to the recordings themselves - those have a different status and, presumably, are owned by Warner Bros records. What it means is that EVH (or any author of a song) can say 'no' to anyone who wants to use parts of songs (e.g., lyrics), or licence songs for use in ads, etc.

              I wrote something about VH and wanted to quote some lyrics. My publisher advised me to go through the normal process of gaining permissions (i.e., via Warner Chappell) because the music industry is one area where copyright over lyrics / words is pursued assiduously (equally so with the works of poets, etc). to give you one example of the monies that can be made in this regard, an acquaintance told me that the novelist Zadie Smith had used some lines from a Van Morrison song in a first draft of a recent novel. She was advised to get the appropriate permissions via his music publisher, which she then sought - only to be told it would cost her £600 per WORD to quote from the song ...

              I guess that's a way of saying, 'no. you won't use my fucking words'.

              In my case, somebody at VH HQ, relayed through Wanrer Chappell, said 'nyet' to my request. My guess is that it was not the guy who actually wrote the words - DLR - but Ed, or his representative.

              It's not like I wanted to mangle VH's image, merely to celebrate. But, as we know, these guys have very little sense of their own legacy.
              I
              THINK LIKE THE WAVES

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              • ZahZoo
                ROTH ARMY WEBMASTER

                • Jan 2004
                • 9172

                #8
                Originally posted by FORD
                I wonder if this has anything to do with why Warner Chappell music signed a new publishing deal with VH (Dave, the sisters, bassplayer, and also Chedhead) a couple years back, so they could get around the whole 35 year mark?
                I think it was mostly orchestrated by Ray Daniels so he could get a cut of the classic 6 pack... VH had the edge on negotiating a deal back then and the record companies weren't quite on life support yet...

                Dave wasn't included in that deal... he sued and then dropped it without prejudice. I don't believe VH/WB even settled outside of court on that. At the time, Dave barely had a leg to stand on and was relegated to the county fair and casino touring circuit along with Lover Boy and Foreigner...
                "If you want to be a monk... you gotta cook a lot of rice...”

                Comment

                • Hardrock69
                  DIAMOND STATUS
                  • Feb 2005
                  • 21897

                  #9
                  I originally posted this here:

                  http://www.rotharmy.com/forums/showt...re-anti-artist....

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