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What are the legal rules regarding recording music from old demo tapes and public domain music to sell?
1. With demo songs, I mean songs from bands that only released demo tapes, but never released an album and bands that are not active anymore. The demos I am interested in recording are from the 1980s and 1990s. Most of those bands were local metal bands in Germany.
Examples:
Ill Prophecy 1986: http://www.metal-archives.com/albums/Ill...
Warwound 1983/84: http://www.metal-archives.com/bands/Warw...
2. What about full-length albums that are not published anymore?
such as:
http://www.metal-archives.com/albums/Ang...
The band has not plans to republish them.
3. There are website that offer Public Domain songs by different bands from various musical genres. According to the website the musicians themselves gave these songs to the public as Public Domain. Can I use these songs to compile a Compilation Album and sell them on a flea market?
Here is a websites, I download Public Domain songs from:
http://funfunfunmedia.com/music/free-mus...
Am I allowed to record Public Domain music and sell them?
How can I double check if the authors have explicitly put a work into the public domain?
Or how can I double check if the song has never been copyrighted?
I am talking about US Laws. I live in Texas.
3 Antworten
- tonalc2Lv 7vor 8 JahrenBeste Antwort
Here's a list of all public domain songs:
http://www.pdinfo.com/Public-Domain-Music-List.php
Note that while the music might be in public domain, the performing artist(s) still owns the rights to their recording of it. If a group has specifically released all rights to the music, you can use it.
- Nuff SedLv 7vor 8 Jahren
Under US copyright laws, the only songs in the "public domain" are the following:
1. recordings by the US government;
2. recordings for which the copyright has expired;
3. recordings published in the USA between 1972 and 1989 without proper copyright notice or registration.
There is absolutely nothing any copyright owner can do that changes the legal existence of their copyright. They may, however, "permanently donate their rights to the public domain", which is actually only changing the rights of the copyright owners to later attempt to enforce those rights.
- Anonymvor 8 Jahren
Copyright doesn't require registration to be effective. Always seek the author's permission in writing or risk severe financial penalty. If you somehow change the work such that it becomes a new original work, that's another matter. In that case, it's a matter of how much you changed it. More is better for your purposes.