Curious about recording and releasing classical music...

[chopinlover23]

I'm really curious about how musicians release albums of them playing classical works. I want to know how it works... do they just record the pieces then release them? Or... do they have to get some sort of permit to do so? I'm just really curious...

[iansinclair]

A permit?  Well, yes and no.  It depends on whether the work involved is under copyright.  (that is, if you are going to do it right).  Indeed, this applies any time someone is going to perform a work under copyright in public for other than an educational purpose, such as a school or university recital (the educational fair use exemption).

Anything other than that, one must contact the copyright holder and obtain permission from them -- and I would recommend in writing -- to perform the work.  The copyright holder may or may not charge a fee; it depends a great deal on the holder and the nature of the performance.  Now if you are adding to that recording the work and releasing the recording, the odds are that the copyright holder will charge a fee -- which will often be a percentage of the gross sales.

And note that sometimes the copyright holder may say no, which they have the right to do.

If the work in question is not under copyright, then you don't have to worry about any of that stuff.  No permit is required.

Of course, once you have done all that and released the recording, your performance of the work is now also copyright, and you have the right to limit its use or charge a fee for it, in the same way!  I might note that enforcing that, so you can collect some income from your efforts, is almost impossible in this age of everyone pirating everything and downloading it, so good luck.

I might add that a good agent should take care of all that stuff...

[rachmaninoff_forever]

A permit?  Well, yes and no.  It depends on whether the work involved is under copyright.  (that is, if you are going to do it right).  Indeed, this applies any time someone is going to perform a work under copyright in public for other than an educational purpose, such as a school or university recital (the educational fair use exemption).

Anything other than that, one must contact the copyright holder and obtain permission from them -- and I would recommend in writing -- to perform the work.  The copyright holder may or may not charge a fee; it depends a great deal on the holder and the nature of the performance.  Now if you are adding to that recording the work and releasing the recording, the odds are that the copyright holder will charge a fee -- which will often be a percentage of the gross sales.

And note that sometimes the copyright holder may say no, which they have the right to do.

If the work in question is not under copyright, then you don't have to worry about any of that stuff.  No permit is required.

Of course, once you have done all that and released the recording, your performance of the work is now also copyright, and you have the right to limit its use or charge a fee for it, in the same way!  I might note that enforcing that, so you can collect some income from your efforts, is almost impossible in this age of everyone pirating everything and downloading it, so good luck.

I might add that a good agent should take care of all that stuff...

Copyright?  What if the composer is dead?

[ajspiano]

Copyright?  What if the composer is dead?

I would assume its similar to with scores, and dependent on the country..  so the composer must have been dead for at least 70 years for the work to be in the public domain (out of copyright) - thats how it works in australia, your country may be different..

[Bob]

I think in the U.S. the creator gets dibs on making the first recording. After that, if it's still under copyright, anyone can record it.  They just have to pay royalties to the copyright holder.

There are differences between print, audio recording, and moving images. 

[ajspiano]

I think in the U.S. the creator gets dibs on making the first recording. After that, if it's still under copyright, anyone can record it.  They just have to pay royalties to the copyright holder.

That would make sense.

I'm not familiar with recording copyright works, but I know in australia we can perform them with no issue. We are obliged to report performances to APRA though, who looks after the royalties. The venues are supposed to pay a license fee to have music performed in their venue I believe - as opposed to the performer being responsible for paying for it..

This goes for your own works too, I can play my own songs and collect performance royalties on them..