Classical Performance Rights

May 22, 2008 at 02:02 AM · First off, it is typically the owners/operators of the venue which are responsible for clearance, not the performers.

In the event that the responsibility is yours, you need to contact the collection society for the region/country in which the performance will take place. For example, in the US this would be ASCAP

http://www.ascap.com

ASCAP's website has a title search engine for works under protection at http://www.ascap.com/ace.

May 22, 2008 at 12:21 PM · BMI is the other big outfit.

check out

http://www.bmi.com/

search the catalog...I think it also includes ASCAP stuff

May 23, 2008 at 07:22 PM · U.S. music copyright law in a nutshell:

In the U.S most works published (not written) in 1922 and before are PD (Public Domain). Works published in 1923 and after are under copyright. Performance rights are paid only on works under copyright.

The Barber Violin Concerto (1939) is under copyright and an orchestra must pay rental and performance rights to G. Schirmer Inc. Chester, NY.

Vaughan Williams "Lark Ascending" is under copyright and on rental in the U.S. Contact Oxford University Press/ agent C. F. Peters, Glendale NY. The orchestral version was written in 1914, revised in 1920, premiered in 1921 but has a publication date of 1925. This is a good example of the U.S. copyright law on publications.

A 2005 edition of the full score, with the parts freshly engraved and edited is produced in collaboration with RVW Ltd and on rental from Oxford/Peters.

For titles that are PD consult the largest reprint catalog:

Edwin F. Kalmus & Co., Inc.

Music Publishers

web: http://www.kalmus-music.com

For titles under copyright you will need to look at both ASCAP and BMI databases to locate the copyright holder and publisher.

[This information is only for the U.S. Every other country has its own laws. Example: Mexico where a work does not become PD until 100 years after the death of the composer.]

May 23, 2008 at 07:45 PM · Clinton:

How does one tell if the work was published in the US or first published in another country?

And if the copyright for a piece is still valid in another country, but it's then published in the US (and the copyright has expired) is the music in the public domain for just US performances?

Forgive the nature of these questions - I'm always in a quandry on whether I can make copies of music I own to loan out or loaning out the originals...

May 23, 2008 at 08:51 PM · "In the U.S most works published (not written) in 1922 and before are PD (Public Domain). "

People will usually be dealing with editions, not works.

May 23, 2008 at 08:58 PM · Here's a summary of the Berne Convention which states that the minimum period of copyright protection is 50 years after the author's death. Countries with longer periods are considered exceptions eg. US, and France which has 70 years after the author's death.

May 24, 2008 at 02:40 AM · Thanks for all the comments, though I am still curious and puzzled about the statement which says the industrialist who commissioned Barber relinquished all rights to the concerto. Its pretty complicated to me. What does that mean. It was written as follows:

BARBER AND MEYER VIOLIN CONCERTOS Hilary Hahn The Saint Paul Chamber Orchestra Hugh Wolff Sony Classical SK89029; Performance: Barber – , Meyer – , Sonics:

Let us end on a happy note, with two important twentieth century violin concertos, the second written at the close of the last millennium. Both are beautifully played by 19 year-old Hilary Hahn.

American composer Samuel Barber (1910-1981) was 29 when he was commissioned by a wealthy Philadelphia industrialist to write a violin concerto for the man’s adopted son. When the violinist complained that the concerto’s first two movements weren’t flashy enough, and the final movement was unplayable, his industrialist father demanded his money back. Happily, after just a few hours of study, a student at the Curtis Institute where Barber taught was able to successfully perform the final movement for Barber, Gian Carlo Menotti (composer of “Amahl and the Night Visitors” and founder of the Spoletto Festival), and two other witnesses. As a result, Barber kept the money for the commission, the industrialist relinquished all rights to the work, and the world ended up with a masterful Violin Concerto.

The concerto begins gently and lyrically, growing increasingly more brooding and dramatic in its second movement andante. The finale is an exciting, “pull out all the stops” virtuoso showpiece. Hilary Hahn plays with unfailing smoothness and beauty of tone, flawlessly zipping through the final Presto in less than 3 1/2 minutes. By contrast, violinist Gil Shaham, on a Deutsche Grammophon recording featuring Andre Previn conducting larger orchestral forces, is far more successful in expressing the dramatic contrasts, darkness, and poignancy of the first two movements. Shaham’s slightly slower Presto also gives the music far more substance. As appealing as Hahn’s playing and Sony’s superior sonics may be, to these ears, Shaham’s performance succeeds far more in conveying the greatness of the composition.

Hahn’s tone and emotional range perfectly suit the 1999 Edgar Meyer concerto. Written expressly for her, the piece offers catchy, friendly melodies that quickly feel like old chums. With a winning second movement that progresses from suspended mystery through what sounds like an Appalachian version of the Anvil Chorus, and a rousing conclusion, this amiable concerto finds ideal expression in Hahn’s sweet lyricism. As a means to explore Meyer’s work, and to leave your listening experience on a sweet note, this disc is highly recommended.

- Jason Serinus -

© Copyright 2000 Secrets of Home Theater & High Fidelity

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May 24, 2008 at 02:08 PM · Sheryl, the arrangements between the sponsor and composer do not matter to copyright law. Unless the composer specifically donated the work into the public domain, he (and his heirs) hold the copyrights to the work.

Since it is pretty difficult for a composer of a work to collect royalties directly, so called collection societies have been set up to collect royalties. In the US, ASCAP is such a collection society. If a composer is or was in his lifetime a member of ASCAP, then all royalties are collected by ASCAP on behalf of the composer (or his heirs). Also, collections societies in different countries have arrangements to collect royalties for each other's members. For example GEMA in Germany will collect royalties for ASCAP whenever a work by an ASCAP member is performed in Germany.

Even if you are good friends with a composer who is a member of a collection society and he would like to allow you to perform one of his works royalty free, he cannot grant you that right. Once a composer becomes a member, the collection society calls all the shots in respect of royalties.

May 24, 2008 at 02:30 PM · There are sometimes rights attached to a work that a commissioner might have, which the composer of the work has agreed to, such as the right to give the first performance. There is usually a time limit specified for this to happen ie. if the commissioner doesn't give the first performance by a certain date after reception of the score then that right lapses. Rights such as this are completely separate to copyright ownership.

May 27, 2008 at 12:04 AM · There's also a difference between Copyright and Performance Rights - though these are similar. Performance Rights are a type of copyright, and exist only for the original composition. For example, "The Lark Ascending" is still under copyright and as such you need to pay money to the collection agency when you perform this work. Now, Vaughan Williams died in 1958, so in countries where copyright lasts for 50 years, from next year they won't have to pay performance rights, however in countries where it's longer (eg 70 years) they'll need to wait until their copyright expires.

At the moment, you only need to worry about copyright in your own country. This has kind of been tested through the IMSLP. In Canada, the copyright laws are 50 years after the composers death, however in Austria it's 80 years. There were some scores that were published by Universal online (I believe), and Universal Editions threatened legal action. However, if they actually went through with it, Canadian courts would throw it out because the scores in question were actually out of copyright in Canada, and the Austrian courts would have no authority to get the site shut down.

So all you need to worry about is where you perform it - it's very likely that if you went on an international tour, you would have to pay performance rights in some countries and not in others.

However, copyright is slightly different to performance rights, when in relation to editions. Say for example, I was performing Mozart G Major violin Concerto - a work well out of copyright. I can perform that piece anywhere without having to pay a cent. However, if I use the latest Barenreiter edition, I can't photo copy the parts for the orchestra. But, if I use an edition that's 25 years old, I can photocopy the parts because the edition itself is out of copyright. This is where it gets tricky because you need to know that the publishing house hasn't renewed the copyright.

Copyright is a tricky subject, so if you're not sure, best to get someone who knows what they're talking about to make sure you're not doing anything wrong.

May 27, 2008 at 07:12 AM · This page on the APRA website has concise definitions of all the terminology. I've just discovered from that page that Australia has recently extended its copyright period to 70 years as a result of the Australia–US Free Trade Agreement. Moving to longer periods of copyright is the trend at the moment.

May 27, 2008 at 08:21 AM · "Moving to longer periods of copyright is the trend at the moment."

Intellectual property rights are getting to the point where it becomes counterproductive. Copyrights, trademarks, patents, it's the same story everywhere. The only beneficiaries are the industrialists who are driving this trend but in the long run they'll only kill the hen that lays the golden eggs.

October 3, 2010 at 07:05 PM ·

Found this old thread regarding copyrights. Wanted to share what I found out about mechanical (recording) licenses. Pretty easy with the internet, find the copyright holder, contact the company, pay online with a credit card. I think there was the performance rights option too. I paid a little over $11 for the right to record and sell up to 250 copies of this one tune. Not bad really. Intellectual rights are important, none of us would like to create something and have others use it or profit from it without compensation. Haven't recorded it yet, but it will be on Musocity when I do, and on there automatically I have the copyright of the actual recording through creative commons. From what I know regarding performance rights, the comment about it being the responsibility of the venue usually holds true, if the venue is legally the promoter of the event.

October 3, 2010 at 08:09 PM ·

I like your "that can be performed by anyone" ; )  So I might just as well try the Brahms Concerto ; ) 

Seriously, interesting topic! Some music is just impossible to find (copyrights?).  The other day, I tried to find a score by composer Svetlanov I really would have liked to buy on Internet and it just didn't seem to exist or be released publically...

Anne-Marie