Clearing Classical Compositions

[Chrono]

I am not sampling this from wav but If I actually play a noticable melody from Bach in a beat then could I legally copywrite it? I've just started notating my melodies in piano tabulature and want to go beyond and learn a few melodies from my favorite composures and spice up the hook. I'd like to make the beat with subelements of the recocognizable melody that i'm going to use for the hook... but in doing so i'm afraid I can't pull it off when I go to copywrite it. I've searched the forums but found nothing too helpful.

 

[bigdmakintrax]

I had a project that I was asked to work on a few years ago with a flautist, there is something about one of the old classical pieces that if you assemble your performers and record it you own the copyright, but say if you sample it from someone else that performed it like the NY Philharmonic or some other orchestra you would owe them some credits and be infringing on the copyright to the sound recording...
Check this it has information but it looks like if it was composed before 1923 then the piece as far as composition is public domain but if you played it you own the sound recording copyright for the performance.
http://www.classicalarchives.com/copy.html#basics

 

[Chrono]

thanks man! thats exactly what I wanted to hear. Great information

 

[StressWon]

I co-sign wit BigD,,,I believe that anything 70 years or older is fair game,,,,

 

[classic]

i do it all the time, i have about 7 or 8 beats where i have played a classical riff and turned it into a beat..

You dont have to worry about shit becasue most classical music is public property as long as you played the riff yourself, you are good

 

[sYgMa]

I already knew about classical music, but then what other type of music could be considered public domain? I guess you could put most lullabys, national anthems, christmas songs in there, but are there other type of beats that are also public domain ?

 

[Chrono]

I already knew about classical music, but then what other type of music could be considered public domain? I guess you could put most lullabys, national anthems, christmas songs in there, but are there other type of beats that are also public domain ?

they said it had to be 70+ somthing years old, I wonder if patents have expiration dates (which i would guess is true) or anything released before the patent system was invented is public domain.

 

[sYgMa]

they said it had to be 70+ somthing years old, I wonder if patents have expiration dates (which i would guess is true) or anything released before the patent system was invented is public domain.

I think it's 50 years... but anyways, You also gotta see if the copyright was updated... cuz you can buy the rights if you have the money, like Michael Jackson did with the Beatles songs. He has the rights on them beats...

I'm almost sure there are other kind of beats other than that... and the ones I listed...

**Edit: My bad. It's 70 years... well... here read up peeps:

From www.copyright.gov

How long does a copyright last?
The term of copyright for a particular work depends on several factors, including whether it has been published, and, if so, the date of first publication. As a general rule, for works created after Jan. 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. For an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first. For works first published prior to 1978, the term will vary depending on several factors.
http://www.copyright.gov/help/faq/faq-duration.html#duration

 

[samuelock]

thanks guys, you've helped out a lot, since this is my man style.. classical hip hop

 

[Sanova]

For works created after January 1, 1978, copyright lasts for the life of the author plus 70 years. In the case of a joint work, copyright lasts for 70 years after the last surviving author's death. For anonymous and pseudonymous works and works made for hire, copyright lasts 95 years from the year of first publication or 120 years from the year of creation, whichever ends first.

..

For works created but not published or registered before January 1, 1978, copyright lasts for the life of the author plus 70 years, but it will not expire earlier than December 31, 2002. If the work is published before December 31, 2002, copyright will not expire before December 31, 2047.

..

For pre-1978 works still in their original or renewal term of copyright, copyright is extended to 95 years from the date that copyright was originally secured.



in any case, copyrights don't last over a couple hundred years at most.

 

[StressWon]

I wouidnt worry about clearin any samples until you got somethin from a Major as a Radio Single. Till then,,,,sample, sample, sample

 

[God]

If it's recorded by someone else, licensing is necessary.

If your friend, or you pay some quartet to play Bach and you record it... then it's yours.

I think that the pre-1923 statement applies to music, art and authors, but I'm not 100% positive if the author's families, who may have rights, or trusts, get a royalty. Again, nothing is ever black and white.

-G

 

[Formant024]

Yo, god still exist!

 

[Chrono]

If your friend, or you pay some quartet to play Bach and you record it... then it's yours.

I have a few favorite classical pieces that i've wanted to learn for some time so this is good news for me. props everyone for the info

 

[Formant024]

unfortunatly...I like lizst, try play that lol!