Copyright query

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plastic37
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Copyright query

Post by plastic37 »

Hello,
I know a bit but often find that i don't know what i thought i know.
And i have little confidence when talking about it. Keep tripping up over my words etc...

Does the owner of a building claim any copyright in a recording made within their walls?
The speaker/performer has claim, the person who does the recording has a claim... but what about the owner of the premises?

Recent incident involving a church...

ta
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James T
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Re: Copyright query

Post by James T »

I was lead to believe that the venue does have some credits to the recording if released commercially or broadcast publicly.
semisynthetic
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Re: Copyright query

Post by semisynthetic »

I cannot imagine why the owner/owners of a building should have their hands out, but much of the law makes no sense to me, & that is why I have an attorney. If the building were Sold, would new owners have any right to what happened before they had any involvement or "property" claim? Why wouldn't the seller LOSE any rights? Why would any church expect to gain from music made within their walls?

For anyone or everyone to give their opinion and explanation might be interesting, the most CERTAIN way to answer is to ask an attorney who deals with this - it seems a fairly narrow type of expertise which is usually not cheap; otherwise you are just guessing.

My thought is that the property was likely rented or even donated; unless there was a specific contract that promises to hand over a certain percentage or "fee", the owner has already been paid or gave up any right in the first place. But that is just my thought, without any basis in the law. I would think only a landowner with a contract to share in any profits or be given a set amount, should expect a penny.

But if it matters, get it in writing from an attorney.
Last edited by semisynthetic on Sat Jul 25, 2015 5:01 am, edited 1 time in total.
"Everything is a Poison; it is the amount or degree that separates one Poison from another"
Paracelsus
beaker73
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Re: Copyright query

Post by beaker73 »

James T wrote:I was lead to believe that the venue does have some credits to the recording if released commercially or broadcast publicly.
I once pre-ordered an official download of a Black Crowes gig in the Heineken Music Hall in Amsterdam I attended, but never actually got it, cause TBC couldn't get permission from the venue. So there must something going on there.
"I've been drinking all night long, but my hands are steady"
semisynthetic
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Re: Copyright query

Post by semisynthetic »

beaker73 wrote:
James T wrote:I was lead to believe that the venue does have some credits to the recording if released commercially or broadcast publicly.
I once pre-ordered an official download of a Black Crowes gig in the Heineken Music Hall in Amsterdam I attended, but never actually got it, cause TBC couldn't get permission from the venue. So there must something going on there.
Exactly; and why you need to contact an attorney. If the venue was a Church, then why not strike up an agreement with them; if they will accept a nominal donation, you may obtain the permission you need IN WRITING and make the whole affair simpler.

A Music Hall which EXISTS to make its living on these very types of events should have naturally had a contract, at least that seems reasonable to me; but a smaller organization with more Heavenly Matters to consider might find a smaller amount of money acceptable; it may even be offered to you gratis.

I know attorneys are not cheap, but consultation on how to proceed can save you headaches down the line.
GOOD LUCK!
"Everything is a Poison; it is the amount or degree that separates one Poison from another"
Paracelsus
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