Band are being fools about my portfolio
- Thread starter professorlamp
- Start date
bryan_kilco
Member
Sloan
Sounds like shit!
They may own the 'song' (copyright form PA) but who owns the sound recording (copyright form SR) ???
The copyright thing is bullshit. You don't 'copyright' stuff, you register it with the copyright office, which is entirely optional. Registering copyright just adds security in the case you have to prove that you are the owner of said work.
You may be able to post a clip of the sound recording under 'fair use'. Since it's to promote your business, not sure if that would be considered commercial or not.
http://www.copyright.gov/fls/fl102.html
The copyright thing is bullshit. You don't 'copyright' stuff, you register it with the copyright office, which is entirely optional. Registering copyright just adds security in the case you have to prove that you are the owner of said work.
You may be able to post a clip of the sound recording under 'fair use'. Since it's to promote your business, not sure if that would be considered commercial or not.
http://www.copyright.gov/fls/fl102.html
egan.
daylightdies.com
You might technically be correct Sloan but it's far more reasonable to assume that you as a producer/engineer are providing work for hire than that you own the rights to the master.
Honestly I think it's plain silly to do anything other than say "oh well" and move on to the next project. Why piss off a paying client over an attempt to get more clients?
Honestly I think it's plain silly to do anything other than say "oh well" and move on to the next project. Why piss off a paying client over an attempt to get more clients?
AudioGeekZine
arsehole know-it-all
I have no damn clue, the singer is just being really anal about it with no real knowledge of what hes saying
heres a brief chat with the guy:
Me : Hey is it alright if I post a teaser of the EP on my page?
Singer : Nah man sorry.
Me : okay, why exactly?
Singer: Don't wanna release anything online, We need to get it all copyrighted, published etc .
Me : What about after all tracks have been handed over and signed off, then not even a 20 second clip?
Singer: We will be releasing a single soon but nothing on net sorry man
Me: I'd like some recent work for my portfolio, this would really help me out and maybe even get your name out a bit?
Singer: Can't release anything until all copyrighted anyways.
Me : (I've given up by now) Okay cool...
I see that he's not saying NO NEVER, just not now, not before they release something first.
timislegend
Member
- Jun 8, 2010
- 1,654
- 1
- 38
it's a grey area... nothing can really be done in court.
because it would cost more just to sue you than the band would actually end up collecting.
you also own what's called intellectual property in the recordings if you added or subtracted anything from the work under your own discretion.
the worst the band could do is take you to small claims court for a maximum of $5k (depending on the state). but there would be discrepancies with the ruling since you actually own some form of intellectual property and since you are not selling the material it would be very difficult for them to dispute in a court of law when there is no money involved.
the ONLY way they could do anything is if it says something at all in your contract about the release of titles without the proprietors consent.
like i said originally it's a grey area.
what you CAN do is populate a link on your site/portfolio with your credits... that directs to the band's itunes, youtube etc. etc (which in my opinion, is the same thing).
because it would cost more just to sue you than the band would actually end up collecting.
you also own what's called intellectual property in the recordings if you added or subtracted anything from the work under your own discretion.
the worst the band could do is take you to small claims court for a maximum of $5k (depending on the state). but there would be discrepancies with the ruling since you actually own some form of intellectual property and since you are not selling the material it would be very difficult for them to dispute in a court of law when there is no money involved.
the ONLY way they could do anything is if it says something at all in your contract about the release of titles without the proprietors consent.
like i said originally it's a grey area.
what you CAN do is populate a link on your site/portfolio with your credits... that directs to the band's itunes, youtube etc. etc (which in my opinion, is the same thing).
egan.
daylightdies.com
Sloan
Sounds like shit!
this is also a valid point. any time you are employed by someone else, they own the work. for example; if Rebecca Black paid me to pen a new smash hit, then she would own the song, not me - i basically sold my work to her.
how this applies to engineering/producing might be questionable but it's worth mentioning.
Brett - K A L I S I A
Dreaded Moderator
Mattayus
Sir Groove-A-Lot
This. Totally this. While it might be worth arguing for to win the moral battle (I personally think it is a little irregular to say no) it really isn't worth the fight and could get ugly. Just drop it.
I think I'm gonna wait it out for a couple of weeks, I just got in touch with their 'manager' asking him so about it all so I'm waiting on a reply for that.
edit: Sloan, that link you posted cleared a lot of stuff up.
"The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use: “quotation of excerpts in a review or criticism for purposes of illustration or comment; "
Seems like exactly I want to do, so I'll wait it out and see what happens...
edit: Sloan, that link you posted cleared a lot of stuff up.
"The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use: “quotation of excerpts in a review or criticism for purposes of illustration or comment; "
Seems like exactly I want to do, so I'll wait it out and see what happens...
SimonTaddio_Qc
Headbanger
I'd say don't ask them (in the future) and do it anyway (in this case).
I doubt they will go crazy about it afterward
I doubt they will go crazy about it afterward
Loren Littlejohn
Lover of all boobage.
