Copyright in Recordings

Contents

Summary with email from MCPS

From: James Davis
To: creative-friends
Subject: [Creative-friends] MCPS and the fifty year term of recording copyrights
Date: 2005-02-08

Apologies for the cross posting, I was looking into this as a follow up to
an e-mail on the creative-friends list and thought that it was worth
posting it to upd-discuss too. Sorry for the slow reply for those of you
who were waiting for this e-mail, it's taken a while to get hold of the
correct person by e-mail.

I've been in e-mail correspondance with the Mechanical-Copyright
Protection Society (MCPS http://www.mcps.co.uk/) who collect and
distribute royalties generated from the recording of music.

It appears that as far as the MCPS is concerned, the recording copyright
does not in anyway at affect the royalties that are to be payed to them.
The recording copyright is typically retained by the label, and if it
still holds you are required to gain permision (and pay, one presumes!)
from them before using the recording.

So if you wanted to release Elvis' "That's Alright" as a single in the UK
you would have to pay the MCPS 6.5% or 8.5% (see below for details) of the
retail price, a fraction of which I guess makes it's way back to Arthur
Crudup's estate or whomever holds the copyright.

So as far as the MCPS are concerned the people to lose out from recording
copyrights expiring are musicians who don't write their own music and the
record labels, songwriters will still earn money on these recordings.
Whether that's legally correct or not I don't know.

Below are e-mails between myself and MCPS, I've editted the thread for
clarity.

James

---------- Forwarded message ----------
Date: Tue, 8 Feb 2005 11:25:19 -0000
From: MCPS Ap Info <ap.info@mcps.co.uk>
To: James Davis <jamesd@jml.net>
Subject: RE: FW: fifty year term of recording copyrights

The sound recording rights are separate from the musical work copyright.
For example, if I wanted to record a Kylie track I would have to clear
two permissions - one for the use of the original sound recording and
the other for the use of the musical work itself.  The sound recording
rights are retained with the record label as they have funded the
recording.  Once you have contacted the label to get permission, you
need to clear the rights for the musical work - these rights are either
held with the Writer or publisher of the Work.  Seeing as the sound
recording you wish to use is out of copyright, you do not need to clear
the permissions as it is in the public domain and you are free to use
it.  However, you still need to clear the rights for the musical work -
i.e. the publisher, and this is where MCPS comes in.

If you are still confused it really is best if I speak to you on the
phone.  Is there any way you can get to a phone soon?

Kind Regards,
Lorraine Wright

-----Original Message-----
From: James Davis [mailto:jamesd@jml.net]
Sent: 08 February 2005 11:16
To: MCPS Ap Info
Subject: RE: FW: fifty year term of recording copyrights

So does the fact that the recording copyright has elapsed at all affect
the royalties due? That's what's confusing me. Sorry to ask so many
questions, you're being very helpful and patient. :-)

James

On Tue, 8 Feb 2005, MCPS Ap Info wrote:

> It is not possible to tell you the cost until we receive the AFL back
> from you but as guidance - royalties are calculated at 8.5% of the
> Published Dealer Price (PPD) multiplied by the number of copies to be
> manufactured (plus VAT).  If you do not operate a PPD structure (use a
> distributor), you may use the alternative rate of 6.5% of the retail
> price (ex. VAT), again, multiplied by the number of copies to be
> manufactured (plus VAT).  Royalties are only charged on MCPS controlled
> Works and are calculated pro rata on timings of each musical work
> against the overall length of all the musical works on the Disc.
>
> Kind Regards,
>
> Lorraine Wright
>
> -----Original Message-----
> From: James Davis [mailto:jamesd@jml.net]
> Sent: 08 February 2005 11:03
> To: MCPS Ap Info
> Subject: RE: FW: fifty year term of recording copyrights
>
> I hope you don't mind my replying by e-mail, I'm unable to use the
> telephone at the moment. If I were to license 'That's Alright Mama',
> Elvis's first recording for which the recording copyright has now
> expired and written by Arthur Crudup (died '74), for use as a track on a
> CD, what payment would need to be made to MCPS?
>
> James

Summary for e.g. Scott Joplin (which is truly public domain)

From: Rufus Pollock
To: creative-friends
Subject: Re: [Creative-friends] copyright clarification needed
Date: 2005-02-14

Edward Griffith-Jones wrote:
> Hello,
>
> Just wanted some clarification on a copyright issue related to the
> recent thread. Somebody has uploaded a remix of Scott Joplin's Maple
> Leaf Rag ( http://www.remixreading.org/node/246 ) onto Remix Reading. We
> know that the song was written in 1899 and the recording is from the
> 1930s. Is it in the public domain or are there any copyright issues? How
> long does the copyright last for recordings and not just the song itself?

Thanks to the recent extensive discussions on the list the situation is
clear I think: Maple Leaf Rag is completely public domain (details
below). Copyright for recordings and not just the song is 50 years from
publication (if you mean performer copyright). However authorial
copyright in the song itself (which *includes* rights in the recording)
last for the usual term of life + 70.

Regards,

Rufus

Maple Leaf Rag
**************

'authorial' copyright
=====================

**It is public domain**

Reson: For the US "[I]f the copyright was renewed [probably was for
Joplin material], the term was thus 75 years from the year of
publication (expiring on Dec. 31 of the 75th year following the initial
publication) until the Sonny Bono act extended this to 95 years.
...

/Thus, if a work was published in 1922 or earlier, it is now in the
public domain/.  Works that were published between 1923 and 1963 have a
95-year term, provided the copyright was formally renewed in the 28th
year.  Works published between 1964 and 1977 have a flat 95-year term.
Works by individual authors created (not merely published) after 1977
have a term of the author's life + 70 years. [emphasis added]" ~[1]

If one is concerned that term is different in the UK compared to the US
note that even on a straight life + 70 this is PD (Joplin died in 1917)

Performer Copyright
===================

**It is public domain**

Performer copyright is currently 50 years in the UK. Hence anything from
the 1930s is out of performer copyright.

----

[1] 'How to determine if a work is public domain' by Dennis Karjala,
Professor or Law at Arizona State. Link from http://www.okfn.org/drn/node/15

Elvis: That's Alright

Originally written by Billy Crudup in 1937.
So from 2005 until 2044 if you wanted to release Elvis' "That's Alright" as a single in the UK you would have to pay the MCPS 6.5% or 8.5% (see below for details) of the

retail price for the authorial rights.