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A question we hear too often when we
play out is "Why doesn't your club play any current music?" Firelands
Dulcimer Club uses music from the public domain and occasionally original music
written by members. And there are very good reasons why we do so.
Any
music that was written recently is protected by copyright. In order for a club
to arrange it for dulcimer to play, it would first have to get prior permission
from the copyright owner.
What about just buying a dulcimer
book and performing the music from it? First, if you don't have enough
copies for all the members, it is illegal to make copies and hand them out.
Second, to perform the music you need permission from the copyright holder. Even
if you wanted to
reproduce the words in a program to hand out for a sing-a-long, you would need prior permission to
do so.
When
you say the music is in the Public Domain, what do you mean? It is music
that is not under copyright and may be freely used by the public.
So
how do you know if a song is in the Public Domain or not? There are books that you can purchase that list music in the
Public Domain. Some public libraries have these books in their reference
section. Search the Internet. Check to see if others have recorded the music and
what it says on their CDs. The Public Domain Information Project says on its web page: |
If any music or
lyrics are still under copyright protection
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you CANNOT reproduce the music or lyrics
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you CANNOT distribute the music or lyrics
either for free, for no profit, or for profit |
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you CANNOT perform the music or lyrics in
public |
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you CANNOT play a recording of the music
or lyrics in public--even if you own the CD |
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you CANNOT make a derivative work or
arrangement for public use in any form |
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What
is ASCAP? American Society of Composers, Authors and Publishers is a
music licensing organization that collects performance fees from broadcasters,
clubs, hotels, restaurants, bars, theaters, fairs, and any other place that
music is performed publicly. The fees go to its members. You can search their
database ACE on the Web to find
what songs they collect fees for. Unfortunately it doesn't differentiate
between original copyright and copyright of an arrangement of a public domain
song. Some of the songs it covers are Happy
Birthday to You, As Time Goes By, Blue Moon, The Christmas
Song, I Only Have Eyes for You, Misty, Moon River, Night and Day, Santa Claus Is
Coming to Town, Stardust, Sweet Georgia Brown, Tea for Two, White
Christmas, and Winter Wonderland.
What
is BMI? Broadcast Music Inc. also collects performance fees for its
affiliates. It also has a searchable database that you can use to find out what
songs they cover. Two of the song writers they collect fees for are Pete
Seeger and Woody Guthrie.
What is SESAC? Founded in 1930,
SESAC is the second oldest of the three performing rights organizations in the
United States. (from SESAC web page) SESAC
also has a searchable database online. Some of the performers who have used
SESAC music are: Garth Brooks, Jim Brickman, Eric Clapton,
U2, Luciano Pavorotti, LeAnn Rimes, Mariah Carey, Alan Jackson, Cassandra Wilson
and Hanson. The kinds of music SESAC covers ranges from Folk music to
Big Band, Jazz, New Age, Easy Listening, Adult Contemporary, Urban, R&B,
Top40, Pop, HipHop, Rock, Rap, Blues, Country, Bluegrass, Gospel, Contemporary
Christian, Latin/Hispanic, Tejano, Salsa, Carribean, Polka, Band, Choral,
Classical, Educational, and Children's music, as well as background music, radio
and TV jingles, film, Cable and TV music, music videos, football, wrestling and
circus theme music, foreign releases, and top selling Christmas albums. (from
their web page.)
What
if I promote a benefit concert or a musical attraction where there is no
charge for admission? You would still have to pay a fee based on seating
capacity ranges. (from BMI's web page)
Unless
you know for certain who has the copyright for the music you are performing, you
or the establishment you are playing for would need blanket licenses from
ASCAP, BMI, and SESAC. |
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Now that you've learned a
little bit about copyright law, you can understand better why a Dulcimer
Club such as ours sticks to using music from the Public Domain.
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We copy music, hand it
out to members, and mail it in our newsletters |
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We arrange music for
dulcimer without getting anyone's permission. |
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We perform at nursing
homes, festivals, and outdoor concerts. |
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