Thanks to the many people who sent me suggestions about how to find permission to use a certain piece of music on my podcast. Honestly, I've decided that I'm spending too much time worrying about this, as it is not an essential element of the podcast, and I'm not pursuing it any further. However, for those of you who asked, I am pasting below the suggestions that were made. I still don't know which answer is the "best." -- Heidi Estrin
============= I think you probably should have permission to use a song on a podcast. I don't know what the law is now, but it used to be that you could use 30 seconds without permission. I do know that the Kern and Gershwin estates maintain tight control over the music and lyrics. I used to produce a professional "Readers Theater" program where the actors would read short stories and I would always write to the publishers for permission to use the stories. However, these were one use only. Try contacting the estates instead of the publishers. What they are really interested in is that no one is going to make money off of these songs. Eileen Polk, Librarian Prentis Memorial Library Temple Beth El Bloomfield Hills, MI 48301 ==================== There are probably two sets of rights to deal with--those for the song itself and those for the recording. The current US Copyright law for works of the performing arts protects music and lyrics 70 years after the author's death. It used to be 50 years, but the Disney Corp. and the Gershwin Trust lobbied heavily to change it in the 1990s. So the song is certainly not in the public domain. The 1944 Capitol recording as well is not in the public domain. HOWEVER, there are different laws RE: fair use of recordings played over the internet, as opposed to other broadcast media. These are more lenient--and probably less expensive to license--so please have the questioner do some research on internet fair use and act accordingly. Another alternative might be to have a different singer and pianist record the song; the record company would then have no legal control over that recording and, perhaps, a small licensing fee could be payable to ASCAP for the "mechanical rights" or broadcast rights to the song itself. Hope that helps, Eliott Eliott Kahn, D.M.A. Music Archivist Library of the Jewish Theological Seminary 3080 Broadway, New York, NY 10027 ====================== My brother, whose specialty is Jewish music (history, recordings, etc.) might be a good source for your question: [email protected] Madeleine Madeleine Cohen Oakley Director of Library Services Adas Israel Congregation Washington, DC ================================= I just attended the Music Library Association meeting, where a very informative plenary session was held on copyright. (How nice to have a real-world use for such recently-learned information!) Unfortunately the copyright issues are complicated. For one thing, pre-1972 recordings are subject to state law, rather than federal law, and have no expiration date. Many such works become "orphaned." (See http://www.recordingcopyright.org/ or Google "orphan works" for more than you wanted to know about the problem and recent attempts to change the laws.) According to the experts on the panel, it's unlikely that a copyright holder would challenge one's use of the recording, and in the unlikely event that the copyright holder did sue for damages, the remedy would be the (modest) fee that would have been charged had the holder been located. But most library lawyers are conservative and counsel their selectors not to take the risk. --Nancy Sack =========================== I have been investigating your music question. All rights to songs written wholly or in part by the Gershwins are copyrighted and permission must be obtained through them their family. You can go to the website at Gershwin.com or email them at [email protected] Once a song has been recorded I do not think the recording has a copyright only the actual written music itself. Talking to the publisher might be an easier way of getting your question answered because it is a smaller organization than the conglomerate of EMI Capitol. Please let me know how this goes and if I can help with further since I live here in one of the music capitals of the country. Enid Sperber ======================= http://wiki.creativecommons.org/Podcasting_Legal_Guide from Kathy Bloomfield ========================== Also, it was suggested that I contact the Songwriters Guild. ============================ 1944 is certainly NOT public domain. publishers of this song are: IRA GERSHWIN MUSIC ATTN: MICHAEL STRUNKSY IRA AND LEONORE GERSHWIN TRUST 101 NATOMA STREET SAN FRANCISCO , CA, 94105 Tel. (415) 538-1900 UNIVERSAL POLYGRAM INTERNATIONAL 2440 SEPULVEDA BLVD SUITE 100 LOS ANGELES , CA, 90064 Tel. (310) 235-4700 =============================== Please e-mail your info to: [email protected] My husband informed me that WarnerChappell controls 50% of the song and Universal controls the other 50%. Please ask Pat who you need to e-mail at Unversal. The song is not in public domain. Mention that Susan Rosner gave you her e-mail and I think she will give you all the necessary info that you need. Susan Rosner --- Messages and opinions expressed on Hasafran are those of the individual author and are not necessarily endorsed by the Association of Jewish Libraries (AJL) =========================================================== Submissions for Ha-Safran, send to: [email protected] SUBscribing, SIGNOFF commands send to: Listproc @ lists.acs.ohio-state.edu Questions, problems, complaints, compliments;-) send to: galron.1 @ osu.edu Ha-Safran Archives: Current: http://www.mail-archive.com/hasafran%40lists.acs.ohio-state.edu/maillist.html History: http://www.mail-archive.com/hasafran%40lists.acs.ohio-state.edu/history.html AJL HomePage http://www.JewishLibraries.org
